Jurisdiction(s):
United Kingdom

English Commercial Court: strict on section 72 participation and section 70(3) time limits; minimal engagement bars challenge; indemnity costs for speculative fraud—A&N Seaways v Allianz Bulk Carriers

Published on: 11 September 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

English court takes a strict stance on challenges to arbitration awards under section 72 of the Arbitration Act 1996 (A&N Seaways and Projects v Allianz Bulk Carriers) A&N Seaways and Projects PVT Limited v Allianz Bulk Carriers DMCC [2025] EWHC 2126 (Comm) What are the practical implications of this case?

The ruling underscores the English court’s dedication to speed and finality in arbitration, as reflected in section 1(a) of the 1996 Act. It further makes plain that anyone asking for an extension of the deadline under section 70 (3) must establish that the interests of justice justify an exceptional break from the statutory timetable. For would‑be challengers under section 72, the judgment offers clear guidance. The court concluded that the claimant, by simply requesting more time to serve its submissions in the reference, had taken part in the proceedings. That request amounted to an implicit acknowledgement of the arbitral process and sat uneasily with any purported reservation of rights, even though, in the end, the claimant did not in fact lodge the submissions. Participation was therefore inferred from conduct, notwithstanding the absence of any substantive filing. The decision confirms a strict approach to timing and participation in such challenges...

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