STA v OFY [2021] EWHC 1574 – 8 June 2021 (Butcher J)

After being condemned to pay some USD130m. for wrongful repudiation of a contract under an arbitral award, the Claimant government, STA, obtained from the Court an extension of the 28-day period for challenge. STA issued another challenge under s.68 after the expiry of the extension and on the same day applied for a retrospective extension of time, relying, inter alia, on the replacement of their Attorney General and their legal representatives. The Court dismissed the application on the bases that i) the delay was significant/substantial (27 days from first extension) with no explanation for it, nor evidence the Defendant/Tribunal contributed to it, ii) lack of prejudice to OFY was not a necessity for refusal, iii) the merits were intrinsically weak, and finally iv) refusal was not unfair, a first extension having already been granted.