DSME as contractor (“Claimant”) and two companies of Songa group as employers (“Defendants”) concluded two turn-key contracts for the design, construction and sale of drilling rings.
These disputes arose out of time and cost over-runs in the construction of the rings.
The Claimant therefore commenced arbitration against the Defendants. By two awards the tribunal found against the Claimant.
The Claimant subsequently sought the correction of four clerical errors from the tribunal.
Afterwards, it submitted an application for permission to appeal against the awards. The Defendants argued that the application was made late (any application or appeal must be brought within 28 days of the date of the award).
The Claimant considered that the 28-day time limit must run from the date of the Memorandum of Corrections.
The Court finds that the correction/clarification process cannot be regarded as “any arbitral process of appeal or review”, thus it does not delay the start of the 28 days.
Therefore, the High Court dismisses the Claimant’s arguments and equally rejects the Claimant’s application to extend the time limit as groundless.