Award Dismissing Claim For Inordinate Delay Survives Challenge In England

Award dismissing a claim for inordinate and inexcusable delay survives challenge in the English court

Herbert Smith Freehills review the English High Court’s decision In Grindrod Shipping Pte Ltd v Hyundai Merchant Marine Co. Ltd, where the Court rejected an application under s68 of the Arbitration Act 1996 to challenge an Award where six years after the proceedings had commenced, the tribunal issued a final award dismissing the claim under s.41(3) of the Act. The authors observe that this judgment serves as a reminder of the considerable discretion afforded to a tribunal to dismiss a claim when the requirements of s.41(3) are satisfied and also that parties should ensure they respond to all issues that may be adverse to their case, regardless of the context in which those issues are raised.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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