African Distribution Company SARL v AASTAR Trading Pte Ltd [2025] EWHC 2428

AASTAR supplied rice to ADC under a series of 2021/22 contracts providing for GAFTA Arbitration; in July 2023, claiming sums contractually due, AASTAR sent notices of arbitration to generic email addresses for ADC.  In the absence of response from ADC, GAFTA appointed an Arbitrator who issued an Award in February 2024 awarding AASTAR most of its claim. In August 2024 (long after the Arbitration Act’s 28 day period) ADC alleged non-service of the notices and sought to challenge the Award under ss. 67 and 68 (procedural irregularity/breach of arbitration rules) and an extension of time to do so. The Court declined the extension as the contracts had not ruled out email service. Instead, it permitted a limited Application under s72, which contains no time limit and preserves ss. 67 and 68 rights for alleged parties who have taken no part in the Arbitration; the Application to be based upon the report of a single forensic IT expert.

Read the full judgment here.