HT-2024-000328 - [2025] EWHC 2926 (TCC)

Thirdly, I turn to consider prejudice. The Claimant contends that the delay in commencing proceedings was short and no prejudice has been caused to the Defendants by that delay.

On one view there is always prejudice to the respondents to an application for an extension of time where the strict time limits for challenging an arbitral award are not respected. Although not severe in this case, the Defendants have been deprived of finality in respect of the Partial Award, issued now well over a year ago. More significantly, pending resolution of this application, the remaining arbitral proceedings have been in abeyance, depriving the Defendants of a final resolution of the arbitration.