P (A Company Incorporated In County A) v D (A Company Incorporated In Country B) & Ors

P (A Company Incorporated In County A) v D (A Company Incorporated In Country B) & Ors

The arbitrators breached their duty under s.33 Arbitration Act 1996 by failing to ensure fairness where a key witness was not cross-examined on the core issue, and by basing their decision on a case not argued or put to the parties, amounting to serious irregularity under s.68(2)(a) and causing substantial injustice to the applicant.

Parties
Claimant: P; First Defendant: D; Second Defendant: E; Third Defendant: F
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Commercial Arbitration Challenge / Judgment on Application Under S.68 Arbitration Act 1996
Outcome
Application under s.68 Arbitration Act 1996 allowed.
Legal Topics
Serious Irregularity in Arbitration, Natural Justice, Cross Examination, Estoppel, No Oral Modification Clauses
Arbitration Commercial Law Civil Procedure Serious Irregularity in Arbitration Natural Justice Cross Examination Estoppel No Oral Modification Clauses

Case Brief

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Parties

P

Claimant

D

First Defendant

E

Second Defendant

F

Third Defendant

Procedural Posture

Commercial Arbitration Challenge / Judgment on Application Under S.68 Arbitration Act 1996

Legal Issues

  1. 1 Whether the arbitral tribunal breached its duty under s.33 Arbitration Act 1996 by failing to ensure fairness and a reasonable opportunity to present the case (s.68(2)(a))
  2. 2 Whether the tribunal based its decision on a case not argued or put to the parties
  3. 3 Whether failure to cross-examine a key witness on a core issue constitutes serious irregularity

Ratio Decidendi

The arbitrators breached their duty under s.33 Arbitration Act 1996 by failing to ensure fairness where a key witness was not cross-examined on the core issue, and by basing their decision on a case not argued or put to the parties, amounting to serious irregularity under s.68(2)(a) and causing substantial injustice to the applicant.

Court Disposition

Application under s.68 Arbitration Act 1996 allowed.

Orders

  • The Partial Final Award and Ruling of the arbitral tribunal are set aside for serious irregularity under s.68(2)(a) Arbitration Act 1996.