P v D & Ors

P v D & Ors

The tribunal failed to deal with the claimant's live contribution claim against the second defendant, which was not abandoned or withdrawn. This omission constitutes a serious irregularity under s.68(2)(d) Arbitration Act 1996, causing substantial injustice to the claimant. The appropriate remedy is remission of the relevant part of the award to the tribunal for reconsideration of the contribution claim.

Parties
Claimant: Claimant; First Defendant: First Defendant; Second Defendant: Second Defendant
Jurisdiction
England and Wales
Judgment Date
28 November 2017
Procedural Posture
Arbitration Challenge (s.68(2)(d) Serious Irregularity) / High Court Judgment on Application to Set Aside/partially Remit Arbitral Award
Outcome
Claim under s.68(2)(d) Arbitration Act 1996 allowed; partial remission of award ordered
Legal Topics
Serious Irregularity Under S.68(2)(d) Arbitration Act 1996, Failure to Deal With All Issues, Contribution Claim, Joint and Several Liability
Arbitration Commercial Law Serious Irregularity Under S.68(2)(d) Arbitration Act 1996 Failure to Deal With All Issues Contribution Claim Joint and Several Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Claimant

First Defendant

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Arbitration Challenge (s.68(2)(d) Serious Irregularity) / High Court Judgment on Application to Set Aside/partially Remit Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to deal with all issues put to it, specifically the claimant's contribution claim against the second defendant
  2. 2 Whether such failure constitutes a serious irregularity causing substantial injustice under s.68(2)(d) Arbitration Act 1996

Ratio Decidendi

The tribunal failed to deal with the claimant's live contribution claim against the second defendant, which was not abandoned or withdrawn. This omission constitutes a serious irregularity under s.68(2)(d) Arbitration Act 1996, causing substantial injustice to the claimant. The appropriate remedy is remission of the relevant part of the award to the tribunal for reconsideration of the contribution claim.

Court Disposition

Claim under s.68(2)(d) Arbitration Act 1996 allowed; partial remission of award ordered

Orders

  • Remission to the arbitral tribunal of para.274(g) of the Phase 2 Award for reconsideration of the claimant’s contribution claim against the second defendant, with directions for the tribunal to determine the claim by such further process as it considers appropriate.