Soletanche Bachy France SAS v Aqaba Container Terminal (Pvt) Co

Soletanche Bachy France SAS v Aqaba Container Terminal (Pvt) Co

There was no failure of disclosure or apparent bias by Arbitrator X; the tribunal addressed all essential issues raised; any irregularity in the correction of the award did not affect substantive jurisdiction or cause injustice; and no ground for setting aside the award was established.

Parties
Claimant: Soletanche Bachy France S.A.S; Defendant: Aqaba Container Terminal (PVT.) Co.
Jurisdiction
England and Wales
Judgment Date
17 January 2019
Procedural Posture
Commercial Arbitration Challenge / Judgment on Application to Set Aside Arbitration Award
Outcome
Application dismissed
Legal Topics
Arbitrator Impartiality, Apparent Bias, Failure to Deal With Issues, Concurrent Delay, Correction of Arbitral Award
Arbitration Commercial Law Arbitrator Impartiality Apparent Bias Failure to Deal With Issues Concurrent Delay Correction of Arbitral Award

Case Brief

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Parties

Soletanche Bachy France S.A.S

Claimant

Aqaba Container Terminal (PVT.) Co.

Defendant

Procedural Posture

Commercial Arbitration Challenge / Judgment on Application to Set Aside Arbitration Award

Legal Issues

  1. 1 Whether Arbitrator X failed in his duty of disclosure and whether there was apparent bias
  2. 2 Whether the tribunal failed to deal with essential issues raised by the parties
  3. 3 Whether the tribunal improperly addressed concurrent delay without giving parties opportunity to respond

Ratio Decidendi

There was no failure of disclosure or apparent bias by Arbitrator X; the tribunal addressed all essential issues raised; any irregularity in the correction of the award did not affect substantive jurisdiction or cause injustice; and no ground for setting aside the award was established.

Court Disposition

Application dismissed

Orders

  • All four grounds of the application to set aside the arbitration award are dismissed.