A Ltd v B Ltd [2014] EWHC 1870 (Comm) (11 June 2014)

A Ltd v B Ltd [2014] EWHC 1870 (Comm) (11 June 2014)

A's challenge to the arbitral award under sections 67 and/or 68 of the Arbitration Act 1996 is not precluded by section 70(2) or section 73(2) because A had exhausted the available arbitral process by invoking the appeal, pursuing it, and seeking an extension of time after dismissal for non-payment, and the exhaustion requirement is fact-specific and not limited to cases where the appeal is determined on the merits.

Citation
[2014] EWHC 1870 (Comm)
Parties
Claimant: A. Limited; Defendant: B. Limited
Jurisdiction
England and Wales
Judgment Date
11 June 2014
Procedural Posture
Commercial Court Preliminary Issue / Preliminary Issue Determination on Whether Challenge to Arbitral Award Is Precluded by Arbitration Act 1996 Sections 70(2) And/or 73(2)
Outcome
Claimant's challenge is not precluded; preliminary issue determined in favour of the claimant.
Legal Topics
Arbitral Award Challenge, Exhaustion of Arbitral Remedies, Jurisdiction of Arbitral Tribunal, Interpretation of Arbitration Act 1996 Sections 67, 68, 70, 73
Arbitration Commercial Law Arbitral Award Challenge Exhaustion of Arbitral Remedies Jurisdiction of Arbitral Tribunal Interpretation of Arbitration Act 1996 Sections 67, 68, 70, 73

Case Brief

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Parties

A. Limited

Claimant

B. Limited

Defendant

Procedural Posture

Commercial Court Preliminary Issue / Preliminary Issue Determination on Whether Challenge to Arbitral Award Is Precluded by Arbitration Act 1996 Sections 70(2) And/or 73(2)

Legal Issues

  1. 1 Whether the claimant's challenge to the arbitral award under sections 67 and/or 68 of the Arbitration Act 1996 is precluded by section 70(2) and/or section 73(2) of the Act

Ratio Decidendi

A's challenge to the arbitral award under sections 67 and/or 68 of the Arbitration Act 1996 is not precluded by section 70(2) or section 73(2) because A had exhausted the available arbitral process by invoking the appeal, pursuing it, and seeking an extension of time after dismissal for non-payment, and the exhaustion requirement is fact-specific and not limited to cases where the appeal is determined on the merits.

Court Disposition

Claimant's challenge is not precluded; preliminary issue determined in favour of the claimant.

Orders

  • It is declared that A's challenge to the First Tier Award dated 26 February 2013 pursuant to sections 67 and/or 68 of the Arbitration Act 1996 is not precluded by section 70(2) or section 73(2) of the Act.