Islamic Republic of Pakistan & Anor v Broadsheet LLC [2019] EWHC 1832 (Comm) (12 July 2019)

Islamic Republic of Pakistan & Anor v Broadsheet LLC [2019] EWHC 1832 (Comm) (12 July 2019)

Inadequate reasons in an arbitral award, as advanced by the claimants, do not amount to a serious irregularity under Section 68(2)(c) or (h) of the Arbitration Act 1996. The tribunal provided reasons for its decision, and the assessment of evidence is for the tribunal alone. The court's intervention is limited and does not extend to reviewing the adequacy of reasons except as provided by Section 70(4). No substantial injustice was caused.

Citation
[2019] EWHC 1832 (Comm)
Parties
Claimant/respondent in the Arbitration: The Islamic Republic of Pakistan; Claimant/respondent in the Arbitration: The National Accountability Bureau; Defendant/claimant in the Arbitration: Broadsheet LLC
Jurisdiction
England and Wales
Judgment Date
12 July 2019
Procedural Posture
Arbitration Challenge Under Arbitration Act 1996, Section 68 / Judgment on Application to Challenge Part of Arbitral Award (quantum Award)
Outcome
Application dismissed
Legal Topics
Serious Irregularity in Arbitration, Adequacy of Arbitral Reasons, Section 68 Arbitration Act 1996, Section 70 Arbitration Act 1996, Loss of Chance Damages, Judicial Intervention in Arbitration
Arbitration Commercial Law Serious Irregularity in Arbitration Adequacy of Arbitral Reasons Section 68 Arbitration Act 1996 Section 70 Arbitration Act 1996 Loss of Chance Damages Judicial Intervention in Arbitration

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Parties

The Islamic Republic of Pakistan

Claimant/respondent in the Arbitration

The National Accountability Bureau

Claimant/respondent in the Arbitration

Broadsheet LLC

Defendant/claimant in the Arbitration

Procedural Posture

Arbitration Challenge Under Arbitration Act 1996, Section 68 / Judgment on Application to Challenge Part of Arbitral Award (quantum Award)

Legal Issues

  1. 1 Whether inadequate reasons in an arbitral award amount to a serious irregularity under Section 68(2)(c) or (h) of the Arbitration Act 1996
  2. 2 Whether the tribunal failed to provide sufficient reasons for its valuation of the loss of chance claim regarding the Sharif Family Other Assets
  3. 3 Whether any such inadequacy caused substantial injustice

Ratio Decidendi

Inadequate reasons in an arbitral award, as advanced by the claimants, do not amount to a serious irregularity under Section 68(2)(c) or (h) of the Arbitration Act 1996. The tribunal provided reasons for its decision, and the assessment of evidence is for the tribunal alone. The court's intervention is limited and does not extend to reviewing the adequacy of reasons except as provided by Section 70(4). No substantial injustice was caused.

Court Disposition

Application dismissed

Orders

  • Claimants' application to challenge the arbitral award under Section 68(2)(c) and (h) of the Arbitration Act 1996 is dismissed.