McLaughlin & McLaughlin (No 2)

In the case of McLaughlin & McLaughlin (No 2), the parties were involved in an arbitration dispute. The husband filed a stay application in relation to the arbitration award, which the wife contested. The primary issue before the court was the interpretation of section 13J of the relevant legislation, which pertains to the review of an arbitral award. The court had to determine whether a ‘review’ of an arbitral award should be conducted in accordance with the procedures for conducting appeals and whether the time limit for filing an application for review should commence from the date of the award or the date of the registration of the award.

The court concluded that a ‘review’ of an arbitral award as contemplated by section 13J of the Act should be conducted in accordance with the procedures for conducting appeals and determined consistently with established appellate principles. The court found that the time limit for filing an application for review should commence from the date of the registration of the award. The court reasoned that until an award is registered, it is not enforceable in the court using the procedures otherwise available for enforcement of court orders. Therefore, it is appropriate that the time limit within which an application for review must be filed commence from the date of registration. The court also considered the principle of finality and the agreement of both parties that a 28-day time limit for filing was appropriate and reasonable.

In conclusion, the court ruled that the wife’s application for review was filed within the 28-day time limit, which commenced from the date of the registration of the award. The court granted the stay application, pending the outcome of the wife’s application for review. The court also extended the time for the wife to file and serve her Application in an Arbitration to 15 July 2023.