A v B

A v B

The court held that none of the alleged irregularities met the high threshold required under s.68 Arbitration Act 1996. The tribunal's evaluation of evidence, procedural decisions, and treatment of issues were within its discretion. There was no failure to deal with fundamental issues, no ambiguity or uncertainty in the award, and no admissible admission of irregularity by the tribunal. The application was therefore dismissed.

Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
23 March 2017
Procedural Posture
Arbitration Challenge (s.68 Arbitration Act 1996) / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity in Arbitration, Section 68 Arbitration Act 1996, Sale of Goods Act 1979, Arbitral Procedure, Challenge to Arbitral Award
Arbitration Commercial Law Serious Irregularity in Arbitration Section 68 Arbitration Act 1996 Sale of Goods Act 1979 Arbitral Procedure Challenge to Arbitral Award

Case Brief

Summary, issues, holding and outcome

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Parties

A

Claimant

B

Defendant

Procedural Posture

Arbitration Challenge (s.68 Arbitration Act 1996) / Judgment on Application to Set Aside Arbitral Award

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 act fairly and impartially under s.33 Arbitration Act 1996
  3. 3 Whether the tribunal failed to deal with all issues put to it under s.68(2)(d)

Ratio Decidendi

The court held that none of the alleged irregularities met the high threshold required under s.68 Arbitration Act 1996. The tribunal's evaluation of evidence, procedural decisions, and treatment of issues were within its discretion. There was no failure to deal with fundamental issues, no ambiguity or uncertainty in the award, and no admissible admission of irregularity by the tribunal. The application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Section 68 Arbitration Act application is dismissed.