IN THE MATTER OF THE ARBITRATION ACT 1996

IN THE MATTER OF THE ARBITRATION ACT 1996

The application to set aside the order dismissing the challenges to the arbitration award was dismissed because there was no real prospect of success or good reason to set aside the order under CPR 3.3(5); the arbitrator made no error of law, no serious irregularity occurred, and the arbitrator had jurisdiction to determine costs and relief from forfeiture under the applicable rules and law.

Parties
Claimant: WSB; Defendant: FOL
Jurisdiction
England and Wales
Judgment Date
09 February 2022
Procedural Posture
Arbitration Challenge / Commercial Court Application / Judgment on Application to Set Aside Order Dismissing Arbitration Award Challenges Under S.67, S.68, and S.69 of the Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Arbitration Award Challenge, Serious Irregularity, Jurisdiction of Arbitrator, Costs in Arbitration, Relief From Forfeiture
Arbitration Commercial Law Arbitration Award Challenge Serious Irregularity Jurisdiction of Arbitrator Costs in Arbitration Relief From Forfeiture

Case Brief

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Parties

WSB

Claimant

FOL

Defendant

Procedural Posture

Arbitration Challenge / Commercial Court Application / Judgment on Application to Set Aside Order Dismissing Arbitration Award Challenges Under S.67, S.68, and S.69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the court should set aside the order dismissing challenges to the arbitration award under s.67, s.68, and s.69 of the Arbitration Act 1996 without a hearing
  2. 2 Whether there was a serious irregularity under s.68 affecting the award
  3. 3 Whether the arbitrator erred in law under s.69

Ratio Decidendi

The application to set aside the order dismissing the challenges to the arbitration award was dismissed because there was no real prospect of success or good reason to set aside the order under CPR 3.3(5); the arbitrator made no error of law, no serious irregularity occurred, and the arbitrator had jurisdiction to determine costs and relief from forfeiture under the applicable rules and law.

Court Disposition

Application dismissed

Orders

  • Application to set aside order dismissed
  • WSB to pay FOL's costs of the application, summarily assessed at £50,000