The extension of time limits for commencing arbitration - lessons from the Anglian Water case

Key Points:
A court can sometimes extend the time limits for commencing arbitration.

Contracts providing for multi-tiered dispute resolution through distinct stages or "tiers" of dispute resolution processes, culminating in final and binding resolution by arbitration or litigation, often also contain barring provisions. These clauses typically require a party to submit certain notices, in a specified manner, to a specified address and within a specified timeframe.

A failure to comply with the notice requirements may mean that the claimant's right to proceed to arbitration is barred. However, in some circumstances a court, or the tribunal itself, may have the power to extend this time, giving a party the opportunity to proceed on to arbitration despite not strictly meeting the contract's notice requirements.