LMH v EGK

LMH v EGK

None of the alleged irregularities met the high threshold for a successful s.68 challenge; the tribunal addressed causation and damages, gave reasons, acted within its powers, and any alleged computational error was either not established or not a basis for s.68 relief.

Parties
Claimant: LMH; Defendant: EGK
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Arbitration Challenge (s.68 Arbitration Act 1996) / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity (s.68 Arbitration Act 1996), Due Process in Arbitration, Damages for Breach of Contract, Good Faith Negotiations, Quantum Assessment in Arbitration
Arbitration Commercial Law Serious Irregularity (s.68 Arbitration Act 1996) Due Process in Arbitration Damages for Breach of Contract Good Faith Negotiations Quantum Assessment in Arbitration

Case Brief

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Parties

LMH

Claimant

EGK

Defendant

Procedural Posture

Arbitration Challenge (s.68 Arbitration Act 1996) / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal failed to deal with causation of loss
  2. 2 Whether the tribunal failed to give reasons for its award
  3. 3 Whether the tribunal made findings not put to the parties or failed to allow comment on its methodology

Ratio Decidendi

None of the alleged irregularities met the high threshold for a successful s.68 challenge; the tribunal addressed causation and damages, gave reasons, acted within its powers, and any alleged computational error was either not established or not a basis for s.68 relief.

Court Disposition

Application dismissed