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.
Award Dismissing Claim For Inordinate Delay Survives Challenge In England
