Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Extension of time definition

What does Extension of time mean? An extension of time (EOT) is the contractual mechanism in a construction contract by which the completion date is moved, giving the contractor longer to finish the works without liability for delay or liquidated damages for the extended period. It is not defined by legislation; its scope and procedure are set by the building contract (for example JCT/SBCC, NEC, RIAI and Irish Public Works Contracts) and informed by case law on the prevention principle and time at large. Typically, the contractor must give prompt notice of delay and prove that a specified delay event (often called a relevant event or...

Arbitration Act 1996 s 12: Extending contractual time limits to start arbitration—tests, case law and procedure (England & Wales and Northern Ireland)

Published by a LexisNexis Arbitration expert

Practice notes

The Arbitration Act 1996 (AA 1996) supplies a route for parties who wish to start arbitration but are unable to do so within a contractually fixed period, whatever the reason, to seek from the courts of England, Wales and Northern Ireland (with ‘English’ and ‘England’ used throughout) an extension of time. The threshold set by section 12 AA 1996 is stringent, and the English courts are slow to grant extra time. The Act gives primacy to party autonomy and relinquishes any notion that the courts possess a general supervisory jurisdiction over arbitrations, as confirmed in Haven Insurance v EUI (t/a Elephant Insurance).

Extension of contractual time limit—AA 1996, s 12

Section 12(1) AA 1996 permits the court to extend a contractual deadline where an arbitration agreement dealing with ‘future disputes’ stipulates a time limit for taking ‘some step…to begin’ proceedings—whether by issuing the arbitration or by satisfying a contractual pre-arbitration alternative dispute resolution requirement, such as compulsory negotiation or mediation. This jurisdiction is confined to contractual time bars; it does not reach statutory limitation periods (section 12(5) AA 1996)...

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Hendrik Puschmann

Trowers & Hamlins LLP

Hendrik is a Partner in Trowers & Hamlins' Commercial Disputes team and Co-Head of the International Arbitration group. Hendrik has nearly 20 years' experience advising clients on a wide range of complex and high-value disputes, both in arbitration and in court. He also acts as arbitrator and mediator, and as expert witness on English law in foreign proceedings. Hendrik has extensive experience in representing entrepreneurs, family offices, companies and governments in cases ranging across M&A, joint ventures, franchising, construction, engineering, insurance, shipping, commodities, art and cultural property and other fields. He has acted as party representative and arbitrator in both commercial and investor-state arbitrations under various rules, such as LCIA, ICC, VIAC, SIAC, DIS, LMAA, UNCITRAL, ICSID and the ICSID Additional Facility. He also assists clients with the enforcement, appeal, annulment, and injunction of arbitral awards and has given strategic advice to several...

Web page updated on 21/05/2026

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