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Commodities in Focus Weekly: JSC “Kazan Oil Plant” v Aves Trade DMCC [2025] EWHC 2713 (Comm)
The English Court clarifies that challenges to GAFTA and FOSFA appeal awards must be brought within 28 days of the date of the appeal award pursuant to section 70(3) of the Arbitration Act 1996
Stephenson Harwood LLP successfully represented Aves Trade DMCC (“Aves”) in the English High Court (the “Court”) in the case ofJSC Kazan Oil Plant v Aves Trade DMCC.Bright J struck out Kazan Oil Plant’s (“Kazan”) challenge to a FOSFA appeal award, (a) finding that Kazan’s application was made out of time under section 70(3) of the Arbitration Act 1996, and (b) refusing Kazan’s application for an extension of time. This judgment confirms that parties seeking to challenge arbitral appeal awards (including FOSFA and GAFTA awards) must bring any challenge within 28 days from the date of the appeal award and not the date they receive it. It is the first time the Court has given authoritative guidance on the appeal procedure in two-tier arbitration systems, where bodies like GAFTA and FOSFA have their own internal appeal mechanisms.
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