Islamic Republic of Pakistan & Anor v Broadsheet LLC

Inadequate reasons, as advanced by the claimants, cannot amount to a serious irregularity under section 68(2)(c) or (h) of the Arbitration Act 1996. The tribunal provided sufficient reasons for its decision, and no substantial injustice was caused. The application is dismissed.

Parties: Claimant/respondent in the Arbitration: The Islamic Republic of Pakistan; Claimant/respondent in the Arbitration: The National Accountability Bureau; Defendant/claimant in the Arbitration: Broadsheet LLC
Jurisdiction: England and Wales
Judgment Date: 12 July 2019
Procedural Posture: Arbitration Challenge / Judgment on Application to Set Aside Part of Arbitral Award
Outcome: application dismissed
Legal Topics: Challenge to Arbitral Award, Adequacy of Reasons, Serious Irregularity, Substantial Injustice, Loss of Chance, Quantum Assessment

Arbitration Commercial Law Challenge to Arbitral Award Adequacy of Reasons Serious Irregularity Substantial Injustice Loss of Chance Quantum Assessment

Case Brief

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Parties

The Islamic Republic of Pakistan

Claimant/respondent in the Arbitration

The National Accountability Bureau

Claimant/respondent in the Arbitration

Broadsheet LLC

Defendant/claimant in the Arbitration

Procedural Posture

Arbitration Challenge / Judgment on Application to Set Aside Part of Arbitral Award

Legal Issues

1 Can inadequate reasons in an arbitral award constitute a serious irregularity under section 68(2)(c) or (h) of the Arbitration Act 1996?
2 Were adequate reasons given for the quantum award, specifically regarding the Sharif Family Other Assets?
3 Did any alleged inadequacy of reasons cause substantial injustice to the claimants?

Ratio Decidendi

Court Disposition

application dismissed