High Court Considers Time Limits for Post-Award Applications under s.72(1) Arbitration Act 1996

On 24 September 2025, the High Court handed down judgment in the case of African Distribution Company v Aastar Trading Pte Ltd.

The claimant, which did not participate in a GAFTA arbitration and argues that it was never properly notified of it, sought an extension of time to challenge the resultant award under ss.67 and 68 of the Arbitration Act 1996; and seeks declaratory relief in relation to that award under s.72(1).

HHJ Tindal (sitting as a Judge of the High Court) dismissed the application for an extension of time.

However, in doing so he made detailed obiter remarks about whether a time limit applies to post-award applications for relief under s.72(1).  He considered that to be a factor relevant to the exercise of the Court’s discretion to grant an extension of time for the s. 67 and 68 applications since, if alternative relief were theoretically available under s.72, that would reduce any prejudice resulting from a refusal.

Having considered the conflicting views expressed on the point in the caselaw and in textbook commentaries, the Judge came to the (obiter) view that no time limit applies to post-award applications under s.72(1), which is a freestanding remedy available to non-participants in an arbitration. Although the claimant was out of time for its applications under ss.67 and 68, therefore, its application under s.72(1) could proceed.

The section 72 application will be heard next year.

Mark Wassouf acts for the Claimant, instructed by Raid Abu Manneh, Dany Khayat, Rhys Morgan and Aslan Boucobza at Mayer Brown International LLP.

A copy of the judgment is available here.