Rob Dawson successfully challenges the Court’s jurisdiction to hear an application under s.68 of the Arbitration Act 1996

18th November 2025

3PB Barristers’ (3 Paper Buildings) commercial and construction barrister Rob DawsonRob DawsonCall: 2019 appeared for the Defendants in a recent case in the High Court (Technology and Construction Court).

The Defendants successfully obtained an arbitration award in their favour and were represented in that arbitration by 3PB’s Dr Zhen YeDr Zhen YeCall: 2016.

The Claimant sought to challenge the arbitration award under s.68 of the Arbitration Act 1996. The central issue before the Court was whether the Claimant was entitled to an extension of time to issue the arbitration claim form. The Defendants argued that the Claimant was not entitled to such an extension and, as a result, the Court did not have jurisdiction to hear the Claimant’s substantive challenge.

The Court set out the principles applicable to the Court’s discretion to extend time to issue the arbitration claim form and found that, in all the circumstances, this was not an appropriate case to grant such an extension of time. In reaching that conclusion, the Court also considered that the merits of the challenge under s.68 of the Arbitration Act 1996 were intrinsically weak. As a result, the Court granted the Defendant’s application challenging the Court’s jurisdiction.

The full reported judgment can be accessed here.

To contact or instruct Rob, please email David Fielder and Joe Townsend, or telephone 020 7583 8055.