Watch the Clock: Limitation Period for Enforcement of Arbitral Award

The Federal Court in Christopher Martin Boyd v Deb Brata Das Gupta [2014] 9 CLJ 887 resolved the issue as to the limitation period for the enforcement of an arbitral award (whether under the old Arbitration Act 1952 or the present Arbitration Act 2005). The Federal Court Grounds of Judgment are found here.

Briefly summarising the grounds, for an arbitral award, there are two different limitation periods applicable. The first is the 6-year time limit (under section 6(1)(c) of the Limitation Act 1953 (“Act”)) from the date of the arbitral award for the award to be registered or enforced as a Court Judgment. The arbitral award would then be deemed to be a Judgment from that date.

Thereafter, the second period is the 12-year time limit (under section 6(3) of the Act) from the date of that Judgment for any action to be taken based on that Judgment (e.g. execution proceedings or bankruptcy proceedings). Therefore, there could potentially be close to a total of 18 years for an arbitral award to be eventually executed on. There is the first 6-year period to obtain the Court Order enforcing the award as a Judgment and thereafter, the second 12-year period for legal actions to be taken based on the Judgment.

 

 

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