P v Q & Ors

P v Q & Ors

The co-arbitrators did not improperly delegate their adjudicative functions to the tribunal secretary; their conduct was consistent with standard arbitral practice and did not cause substantial injustice. The application for removal fails both on the merits and for lack of substantial injustice.

Parties
Claimant: P; First Defendant: Q; Second Defendant: R; Third Defendant: S; Fourth Defendant: U
Jurisdiction
England and Wales
Judgment Date
09 February 2017
Procedural Posture
Arbitration Removal Application / Judgment on Application to Remove Arbitrators
Outcome
Application dismissed
Legal Topics
Removal of Arbitrators, Delegation of Arbitral Functions, Arbitral Secretaries, Substantial Injustice, Misrepresentation
Arbitration Commercial Law Removal of Arbitrators Delegation of Arbitral Functions Arbitral Secretaries Substantial Injustice Misrepresentation

Case Brief

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Parties

P

Claimant

Q

First Defendant

R

Second Defendant

S

Third Defendant

U

Fourth Defendant

Procedural Posture

Arbitration Removal Application / Judgment on Application to Remove Arbitrators

Legal Issues

  1. 1 Whether co-arbitrators failed properly to conduct proceedings by improper delegation to tribunal secretary
  2. 2 Whether substantial injustice resulted from alleged improper delegation
  3. 3 Whether co-arbitrators made negligent or innocent misrepresentations regarding delegation

Ratio Decidendi

The co-arbitrators did not improperly delegate their adjudicative functions to the tribunal secretary; their conduct was consistent with standard arbitral practice and did not cause substantial injustice. The application for removal fails both on the merits and for lack of substantial injustice.

Court Disposition

Application dismissed

Orders

  • Application to remove Second and Third Defendants as arbitrators is dismissed
  • No order for removal of arbitrators