C v D

C v D

The tribunal did not commit any serious irregularity, acted within its jurisdiction, and properly applied the law regarding first demand guarantees and arbitral procedure. The applicants' criticisms were unfounded and the tribunal's award stands.

Parties
Claimant: C1; Claimant: C2; Claimant: C3; Defendant: D
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Commercial Arbitration Challenge / Judgment on Applications to Set Aside or Challenge Arbitral Award
Outcome
Applications dismissed
Legal Topics
First Demand Guarantees, Jurisdiction of Arbitral Tribunal, Good Faith and Fraud in Guarantees, Amendment of Arbitral Claims, Procedural Fairness in Arbitration
Arbitration Commercial Law First Demand Guarantees Jurisdiction of Arbitral Tribunal Good Faith and Fraud in Guarantees Amendment of Arbitral Claims Procedural Fairness in Arbitration

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Parties

C1

Claimant

C2

Claimant

C3

Claimant

D

Defendant

Procedural Posture

Commercial Arbitration Challenge / Judgment on Applications to Set Aside or Challenge Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal committed a serious irregularity under sections 33, 67, and 68 of the Arbitration Act 1996
  2. 2 Whether the tribunal had jurisdiction over claims under the Deferred Payments Guarantee
  3. 3 Whether demands under the Adjustments Guarantee were invalid due to alleged bad faith or procedural defects

Ratio Decidendi

The tribunal did not commit any serious irregularity, acted within its jurisdiction, and properly applied the law regarding first demand guarantees and arbitral procedure. The applicants' criticisms were unfounded and the tribunal's award stands.

Court Disposition

Applications dismissed

Orders

  • Applications under the Arbitration Act 1996 are dismissed.