ABB AG v Hochtief Airport GmbH & Anor

ABB AG v Hochtief Airport GmbH & Anor

The court held that ABB's challenge failed because all essential issues were in play before the arbitral tribunal, ABB had a fair opportunity to address them, and the tribunal's findings were within its powers and discretion. The tribunal did not act unfairly or commit a serious irregularity under s.68. Deficiencies in reasoning or compressed reasoning are not grounds for setting aside an award under s.68. The tribunal's refusal to order further disclosure was a legitimate exercise of case management. ABB's own bad faith was a central finding, and the tribunal's application of Greek law was not shown to be outside its jurisdiction or powers.

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
Commercial Arbitration Challenge / High Court Judgment on Application to Set Aside Arbitral Award Under S.68 Arbitration Act 1996
Outcome
Application dismissed; arbitral award upheld
Legal Topics
Serious Irregularity Under S.68 Arbitration Act 1996, Good Faith in Contract Performance, Share Transfer Restrictions, International Arbitration Procedure, Application of Greek Law in Arbitration
Arbitration Commercial Law Contract Law Serious Irregularity Under S.68 Arbitration Act 1996 Good Faith in Contract Performance Share Transfer Restrictions International Arbitration Procedure Application of Greek Law in Arbitration

Case Brief

Summary, issues, holding and outcome

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Parties

ABB AG

Claimant

Hochtief Airport GMBH

First Defendant

Athens International Airport S.A.

Second Defendant

Procedural Posture

Commercial Arbitration Challenge / High Court Judgment on Application to Set Aside Arbitral Award Under S.68 Arbitration Act 1996

Legal Issues

  1. 1 Whether the arbitral tribunal committed a serious irregularity under s.68 Arbitration Act 1996
  2. 2 Whether the tribunal failed to deal with all issues or acted unfairly
  3. 3 Whether the tribunal's findings on bad faith and share transfer were made without giving ABB a fair opportunity to respond

Ratio Decidendi

The court held that ABB's challenge failed because all essential issues were in play before the arbitral tribunal, ABB had a fair opportunity to address them, and the tribunal's findings were within its powers and discretion. The tribunal did not act unfairly or commit a serious irregularity under s.68. Deficiencies in reasoning or compressed reasoning are not grounds for setting aside an award under s.68. The tribunal's refusal to order further disclosure was a legitimate exercise of case management. ABB's own bad faith was a central finding, and the tribunal's application of Greek law was not shown to be outside its jurisdiction or powers.

Court Disposition

Application dismissed; arbitral award upheld

Orders

  • ABB's challenge under s.68 Arbitration Act 1996 is dismissed
  • No order to set aside or remit the arbitral award