P v D & Ors [2017] EWHC 3273 (Comm) (28 November 2017)

P v D & Ors [2017] EWHC 3273 (Comm) (28 November 2017)

The tribunal failed to deal with the claimant's contribution claim, which was live and required determination, resulting in serious irregularity and substantial injustice under s.68(2)(d) Arbitration Act 1996. Remission is warranted for reconsideration of the contribution claim.

Citation
[2017] EWHC 3273 (Comm)
Parties
Claimant: P; First Defendant: D; Second Defendant: X; Third Defendant: Y
Jurisdiction
England and Wales
Judgment Date
28 November 2017
Procedural Posture
Commercial Court Application Under Arbitration Act 1996 S.68 / Judgment on Application for Remission of Arbitral Award
Outcome
Claim under s.68(2)(d) Arbitration Act 1996 allowed; remission granted.
Legal Topics
Remission of Arbitral Award, Serious Irregularity, Failure to Deal With Issues, Joint and Several Liability, Contribution Claims
Arbitration Commercial Law Remission of Arbitral Award Serious Irregularity Failure to Deal With Issues Joint and Several Liability Contribution Claims

Case Brief

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Parties

P

Claimant

D

First Defendant

X

Second Defendant

Y

Third Defendant

Procedural Posture

Commercial Court Application Under Arbitration Act 1996 S.68 / Judgment on Application for Remission of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to deal with all issues put to it under s.68(2)(d) Arbitration Act 1996
  2. 2 Whether the claimant's contribution claim was erroneously dismissed without consideration
  3. 3 Whether substantial injustice resulted from the tribunal's failure

Ratio Decidendi

The tribunal failed to deal with the claimant's contribution claim, which was live and required determination, resulting in serious irregularity and substantial injustice under s.68(2)(d) Arbitration Act 1996. Remission is warranted for reconsideration of the contribution claim.

Court Disposition

Claim under s.68(2)(d) Arbitration Act 1996 allowed; remission granted.

Orders

  • Remission to the arbitral tribunal of para.274(g) of the Phase 2 Award with direction to reconsider the claimant's contribution claim as recorded at para.93(b), by such further process as the tribunal deems appropriate.