YDU v SAB & Anor.

YDU v SAB & Anor.

The relevant paragraphs of the First Award are awards within the meaning of the Arbitration Act 1996 and are final and binding for what they decide, notwithstanding the tribunal's reserved power to vary them in certain circumstances. The ability to revisit does not preclude their status as awards. There is no ambiguity or uncertainty justifying relief under s. 68(2)(f).

Parties
Claimant: YDU; First Defendant: SAB; Second Defendant: BYH
Jurisdiction
England and Wales
Judgment Date
29 November 2022
Procedural Posture
Arbitration Claim (challenge to Award) / Judgment on Application for Declaration and Alternative Relief Under S. 68 Arbitration Act 1996
Outcome
Both the Claimant’s applications are dismissed.
Legal Topics
Finality of Arbitral Awards, Specific Performance, Interpretation of Arbitral Awards, Section 68 Arbitration Act 1996, Enforcement of Arbitral Awards
Arbitration Commercial Law Finality of Arbitral Awards Specific Performance Interpretation of Arbitral Awards Section 68 Arbitration Act 1996 Enforcement of Arbitral Awards

Case Brief

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Parties

YDU

Claimant

SAB

First Defendant

BYH

Second Defendant

Procedural Posture

Arbitration Claim (challenge to Award) / Judgment on Application for Declaration and Alternative Relief Under S. 68 Arbitration Act 1996

Legal Issues

  1. 1 Whether paragraphs 157(1)-(4) of the First Award constitute an 'award' under the Arbitration Act 1996 and are final and binding under s. 58
  2. 2 Whether the relevant paragraphs are uncertain or ambiguous within the meaning of s. 68(2)(f) of the Arbitration Act 1996

Ratio Decidendi

The relevant paragraphs of the First Award are awards within the meaning of the Arbitration Act 1996 and are final and binding for what they decide, notwithstanding the tribunal's reserved power to vary them in certain circumstances. The ability to revisit does not preclude their status as awards. There is no ambiguity or uncertainty justifying relief under s. 68(2)(f).

Court Disposition

Both the Claimant’s applications are dismissed.

Orders

  • Claimant’s application for a declaration that paragraphs 157(1)-(4) of the First Award are not an award is dismissed.
  • Claimant’s alternative application under s. 68 Arbitration Act 1996 is dismissed.