A & Anor v C & Ors

A & Anor v C & Ors

The claimants failed to take available opportunities to request disclosure or reserve their position regarding underlying documents. The tribunal's directions and award did not breach section 33 or exceed its powers. No procedural irregularity or substantial injustice occurred. Claimants lost the right to object under section 73.

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 / Judgment
Outcome
claim dismissed
Legal Topics
Challenge to Arbitral Award, Procedural Irregularity, Costs Assessment, Indemnity Basis, Burden of Proof
Arbitration Commercial Law Challenge to Arbitral Award Procedural Irregularity Costs Assessment Indemnity Basis Burden of Proof

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 3 Authorities cited 6 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 / Judgment

Legal Issues

  1. 1 Whether the arbitral tribunal failed to provide a reasonable opportunity to address costs issues under section 68(2)(a) Arbitration Act 1996
  2. 2 Whether the tribunal exceeded its powers under section 68(2)(b) Arbitration Act 1996
  3. 3 Whether claimants lost the right to object under section 73 Arbitration Act 1996

Ratio Decidendi

The claimants failed to take available opportunities to request disclosure or reserve their position regarding underlying documents. The tribunal's directions and award did not breach section 33 or exceed its powers. No procedural irregularity or substantial injustice occurred. Claimants lost the right to object under section 73.

Court Disposition

claim dismissed