P (A Company Incorporated In County A) v D (A Company Incorporated In Country B) & Ors [2019] EWHC 1277 (Comm) (16 May 2019)

P (A Company Incorporated In County A) v D (A Company Incorporated In Country B) & Ors [2019] EWHC 1277 (Comm) (16 May 2019)

The arbitrators breached s33 Arbitration Act 1996 by failing to ensure procedural fairness: Mr E was not cross-examined on the core issue, and the arbitrators based their decision on a conditionality point not argued or pleaded, causing substantial injustice to P. The application under s68 succeeds.

Citation
[2019] EWHC 1277 (Comm)
Parties
Claimant: P; First Defendant: D; Second Defendant: E; Third Defendant: F
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Application Under S.68 Arbitration Act 1996 / Judgment on Application to Set Aside/suspend Arbitral Award
Outcome
Application under s68 Arbitration Act 1996 allowed; arbitral award set aside/suspended.
Legal Topics
Serious Irregularity, Natural Justice, Cross Examination, Estoppel, No Oral Modification Clause
Arbitration Commercial Law Serious Irregularity Natural Justice Cross Examination Estoppel No Oral Modification Clause

Case Brief

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Parties

P

Claimant

D

First Defendant

E

Second Defendant

F

Third Defendant

Procedural Posture

Application Under S.68 Arbitration Act 1996 / Judgment on Application to Set Aside/suspend Arbitral Award

Legal Issues

  1. 1 Whether arbitrators breached s33 Arbitration Act 1996 by failing to ensure fairness and reasonable opportunity to present case
  2. 2 Whether arbitrators based decision on matters not argued or pleaded
  3. 3 Whether lack of cross-examination on core issue caused substantial injustice

Ratio Decidendi

The arbitrators breached s33 Arbitration Act 1996 by failing to ensure procedural fairness: Mr E was not cross-examined on the core issue, and the arbitrators based their decision on a conditionality point not argued or pleaded, causing substantial injustice to P. The application under s68 succeeds.

Court Disposition

Application under s68 Arbitration Act 1996 allowed; arbitral award set aside/suspended.

Orders

  • Arbitral award dated 6 July 2018 and Ruling dated 4 August 2018 set aside/suspended under s68 Arbitration Act 1996