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ARTICLE · 06 AUGUST 2026

Late Amendments To Arbitration Act Challenges Are Subject To Rules On Excessive Delay

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The Commercial Court has ruled that strict guidelines for extending time limits on arbitral award challenges also apply to late amendments of such challenges. In E v F [2026] EWHC 1493 (Comm), the court refused to allow amendments filed 162 days after an award, emphasizing that the 28-day statutory deadline under the Arbitration Act 1996 must be respected to bring finality to disputes.

United KingdomLitigation, Mediation & Arbitration
Chloe Edworthy
Chloe Edworthy
Madeleine Brown
Madeleine Brown

The Commercial Court has confirmed that guidelines on extending time for challenges to arbitral awards should also be used to determine applications to make late amendments to such challenges. The anonymised judgment in E v F [2026] EWHC 1493 (Comm) is a reminder to consider the full details of arbitral challenges promptly. Time limits are tight, and will not readily be extended.

Background

In an award of 31 July 2025, an arbitral tribunal (the Tribunal) decided that it had jurisdiction to determine a dispute between the claimants, (referred to as F), and respondent state (the State) under a Bilateral Investment Treaty and the UNCITRAL Rules 1976. The Tribunal awarded compensation to F.

On 27 August 2025, the State brought a claim in the Commercial Court under sections 67 and 68 of the Arbitration Act 1996 (the Act), challenging the Tribunal’s jurisdiction and alleging serious procedural irregularity. Under section 70(3) of the Act, a party has 28 days within which to bring a

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