This was an application brought by the claimant, African Distribution Company SARL, to set aside a GAFTA arbitration award in favour of the defendant, AASTAR Trading Pte Ltd.
The claimant was a “non-participant” under s.72 of the Arbitration Act 1996 (AA 1996), which means it was a party to the GAFTA proceedings, but had not taken part, as it contended it had not been validly served with the Notice of Arbitration.
The claimant’s applications under ss. 67 and 68 AA 1996 for extensions of time to challenge the award were unsuccessful. However, the Court found that the claimant could seek appropriate relief under s.72(1) AA 1996 and that the 28-day time-limit under s.70(3) AA 1996 would not apply.
Even though the application was brought under the AA 1996, the Court also usefully considered the relevant sections in light of the amendments made by the Arbitration Act 2025 (AA 2025).
