CA-2024-002477 - [2025] EWCA Civ 1054

This application for permission to appeal is concerned with the interpretation of a contractually agreed time limit for an appeal to the court under section 69 of the Arbitration Act 1996. The parties agreed that either of them could appeal to the court, but stipulated a time limit of 30 days ‘after the decision is rendered’. If that means that an appeal had to be brought within 30 days from the date when the award was provided to the parties, the appeal was in time. But if it means that time ran from the date when the award was made, the appeal was five days too late.

Mr Justice Bryan held that time ran from the date when the award was made. He went on to hold that the parties had excluded the right to make any application for an extension of the time for appealing and that, even if they had not done so, he would not have granted an extension as a matter of discretion.

The effect of these decisions was that the appeal by Mr Friedhelm Eronat from the arbitrators’ award was dismissed. The judge refused to grant permission to appeal to this court, so Mr Eronat has asked us to do so.

A question arises whether, in view of section 69(8) of the 1996 Act, this court has power to grant permission to appeal, but it is unnecessary to answer that question, on which we did not hear oral argument, because it is clear that the judge’s decision was correct. We therefore informed the parties at the conclusion of the hearing that, even on the assumption that this court has jurisdiction to grant permission to appeal, such permission would be refused. This judgment sets out my reasons for joining in that decision.