Doglemor Trade Ltd & Ors v Caledor Consulting Ltd & Anor

Doglemor Trade Ltd & Ors v Caledor Consulting Ltd & Anor

An admitted computational error in an arbitral award constitutes a serious irregularity under section 68(2)(i) of the Arbitration Act 1996, and where the error may have caused substantial injustice, the court must remit the affected parts of the award to the tribunal for correction and reconsideration, limited to those parts not conclusively decided.

Parties
Claimant: Doglemor Trade Limited; Claimant: Alexander Bogatikov; Claimant: DL Management Limited; Defendant: Caledor Consulting Limited; Defendant: Mikhail Khabarov
Jurisdiction
England and Wales
Judgment Date
04 December 2020
Procedural Posture
Arbitration Challenge / Judgment on Section 68 Application
Outcome
Award partially remitted to Tribunal for correction and reconsideration
Legal Topics
Arbitral Award Correction, Serious Irregularity, Substantial Injustice, Remission of Award, Computational Error
Arbitration Commercial Law Arbitral Award Correction Serious Irregularity Substantial Injustice Remission of Award Computational Error

Case Brief

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Parties

Doglemor Trade Limited

Claimant

Alexander Bogatikov

Claimant

DL Management Limited

Claimant

Caledor Consulting Limited

Defendant

Mikhail Khabarov

Defendant

Procedural Posture

Arbitration Challenge / Judgment on Section 68 Application

Legal Issues

  1. 1 Whether a computational error in an arbitral award constitutes a serious irregularity under section 68(2)(i) of the Arbitration Act 1996
  2. 2 Whether the error caused substantial injustice warranting remission
  3. 3 Scope of remission to the arbitral tribunal

Ratio Decidendi

An admitted computational error in an arbitral award constitutes a serious irregularity under section 68(2)(i) of the Arbitration Act 1996, and where the error may have caused substantial injustice, the court must remit the affected parts of the award to the tribunal for correction and reconsideration, limited to those parts not conclusively decided.

Court Disposition

Award partially remitted to Tribunal for correction and reconsideration

Orders

  • Award remitted to Tribunal for correction of computational error and reconsideration of EBITDA margin and consequential amendments
  • Tribunal to produce a corrected Final Award