A & Anor v C & Ors [2020] EWHC 3045 (Comm) (31 July 2020)

A & Anor v C & Ors [2020] EWHC 3045 (Comm) (31 July 2020)

The claimants failed to establish a serious procedural irregularity or excess of power by the tribunal. The tribunal's directions did not create a reasonable expectation of a two-stage costs assessment or mandatory production of supporting documents. The claimants had the opportunity to request disclosure or reserve their position but did not do so. The tribunal applied the correct legal principles in assessing costs, and any alleged error did not deprive the claimants of a reasonable opportunity to present their case. The claimants also lost the right to object under section 73 of the Arbitration Act 1996 by failing to raise the issue in a timely manner.

Citation
[2020] EWHC 3045 (Comm)
Parties
Claimant: A; Claimant: B; Defendant: C; Defendant: D; Defendant: E; Defendant: F
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Challenge to Arbitral Award Under Arbitration Act 1996, Section 68 / Judgment on Application
Outcome
Claim dismissed
Legal Topics
Serious Irregularity in Arbitration, Procedural Fairness, Costs Assessment, Indemnity Basis, Section 68 Arbitration Act 1996, Section 73 Arbitration Act 1996
Arbitration Civil Procedure Serious Irregularity in Arbitration Procedural Fairness Costs Assessment Indemnity Basis Section 68 Arbitration Act 1996 Section 73 Arbitration Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

A

Claimant

B

Claimant

C

Defendant

D

Defendant

E

Defendant

F

Defendant

Procedural Posture

Challenge to Arbitral Award Under Arbitration Act 1996, Section 68 / Judgment on Application

Legal Issues

  1. 1 Whether the arbitral tribunal committed a serious procedural irregularity under section 68(2)(a) or (b) of the Arbitration Act 1996 in its costs award
  2. 2 Whether the tribunal failed to give the claimants a reasonable opportunity to present their case or address the defendants' case
  3. 3 Whether the tribunal exceeded its powers in assessing costs on the indemnity basis and not requiring supporting documentation

Ratio Decidendi

The claimants failed to establish a serious procedural irregularity or excess of power by the tribunal. The tribunal's directions did not create a reasonable expectation of a two-stage costs assessment or mandatory production of supporting documents. The claimants had the opportunity to request disclosure or reserve their position but did not do so. The tribunal applied the correct legal principles in assessing costs, and any alleged error did not deprive the claimants of a reasonable opportunity to present their case. The claimants also lost the right to object under section 73 of the Arbitration Act 1996 by failing to raise the issue in a timely manner.

Court Disposition

Claim dismissed

Orders

  • The claim under section 68 of the Arbitration Act 1996 is dismissed.