ABB AG v Hochtief Airport GmbH & Anor [2006] EWHC 388 (Comm) (08 March 2006)

ABB AG v Hochtief Airport GmbH & Anor [2006] EWHC 388 (Comm) (08 March 2006)

The court found no serious irregularity affecting the arbitral award under s.68 Arbitration Act 1996. The tribunal correctly determined that the alleged oral consortium agreement or civil partnership did not survive the renegotiation and execution of the ADA in 1995, and that ABB's share transfer to Horizon breached ADA provisions and good faith obligations. The tribunal's refusal to order disclosure of documents from Hochtief was within its discretion and did not amount to procedural unfairness. The award declaring the transfer and registration null and void stands.

Citation
[2006] EWHC 388 (Comm)
Parties
Claimant: ABB AG; First Defendant: Hochtief Airport GmbH; Second Defendant: Athens International Airport S.A.
Jurisdiction
England and Wales
Judgment Date
08 March 2006
Procedural Posture
Challenge to Arbitral Award Under Arbitration Act 1996 S.68 / Judgment on Challenge
Outcome
Challenge to arbitral award dismissed; award stands
Legal Topics
Serious Irregularity in Arbitration, Share Transfer Validity, Good Faith Obligations, Interpretation of Consortium Agreements, Application of Greek Law in Arbitration
Arbitration Commercial Law Contract Law Serious Irregularity in Arbitration Share Transfer Validity Good Faith Obligations Interpretation of Consortium Agreements Application of Greek Law in Arbitration

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Parties

ABB AG

Claimant

Hochtief Airport GmbH

First Defendant

Athens International Airport S.A.

Second Defendant

Procedural Posture

Challenge to Arbitral Award Under Arbitration Act 1996 S.68 / Judgment on Challenge

Legal Issues

  1. 1 Whether the arbitral award was affected by serious irregularity under s.68 Arbitration Act 1996
  2. 2 Validity of ABB's share transfer to Horizon under ADA and Greek law
  3. 3 Existence and effect of alleged oral consortium agreement or civil partnership

Ratio Decidendi

The court found no serious irregularity affecting the arbitral award under s.68 Arbitration Act 1996. The tribunal correctly determined that the alleged oral consortium agreement or civil partnership did not survive the renegotiation and execution of the ADA in 1995, and that ABB's share transfer to Horizon breached ADA provisions and good faith obligations. The tribunal's refusal to order disclosure of documents from Hochtief was within its discretion and did not amount to procedural unfairness. The award declaring the transfer and registration null and void stands.

Court Disposition

Challenge to arbitral award dismissed; award stands

Orders

  • No order for disclosure against Hochtief
  • Transfer of ABB shares to Horizon declared null and void