T v V & W

T v V & W

There was no serious irregularity under section 68(2) of the Arbitration Act 1996 because the arbitrator was entitled to proceed without an oral hearing under section 41(7)(c) due to T's failure to comply with a peremptory order for security. The procedure followed was proper and did not breach the agreed procedure or cause substantial injustice.

Parties
Claimant: T; Defendants: V & W; Arbitrator: A
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Commercial Arbitration Challenge / Judgment on Application to Set Aside Arbitration Award Under Section 68 Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Section 68 Arbitration Act 1996, Serious Irregularity, Right to Hearing, Peremptory Orders, LCIA Rules
Arbitration Commercial Law Section 68 Arbitration Act 1996 Serious Irregularity Right to Hearing Peremptory Orders LCIA Rules

Case Brief

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Parties

T

Claimant

V & W

Defendants

A

Arbitrator

Procedural Posture

Commercial Arbitration Challenge / Judgment on Application to Set Aside Arbitration Award Under Section 68 Arbitration Act 1996

Legal Issues

  1. 1 Whether the arbitrator's refusal to grant an oral hearing constituted a serious irregularity under section 68(2) of the Arbitration Act 1996
  2. 2 Whether the arbitrator failed to conduct the proceedings in accordance with the agreed procedure (Article 19 LCIA Rules)
  3. 3 Whether the arbitrator's actions caused substantial injustice to the claimant

Ratio Decidendi

There was no serious irregularity under section 68(2) of the Arbitration Act 1996 because the arbitrator was entitled to proceed without an oral hearing under section 41(7)(c) due to T's failure to comply with a peremptory order for security. The procedure followed was proper and did not breach the agreed procedure or cause substantial injustice.

Court Disposition

Application dismissed

Orders

  • Section 68 application to set aside or remit the arbitration award is dismissed