UMS Holding Ltd & Ors v Great Station Properties SA & Anor

UMS Holding Ltd & Ors v Great Station Properties SA & Anor

The court found no serious irregularity under section 68. The tribunal dealt with all essential issues, gave reasons, and was not required to refer to every piece of evidence or argument. The complaints amounted to challenges to findings of fact and the tribunal's evaluation of evidence, which are not grounds for intervention under section 68. There was no breach of the duty to act fairly, nor any failure to deal with issues. The application was dismissed.

Parties
Claimant: UMS Holding Limited; Claimant: Energy Standard Fund Limited; Claimant: Energy Standard Industries Limited; Defendant: Great Station Properties S.A.; Defendant: Inter Growth Investments Limited; Respondent: Stremvol Holdings Limited
Jurisdiction
England and Wales
Judgment Date
05 October 2017
Procedural Posture
Arbitration Challenge (section 68 Arbitration Act 1996) / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity (section 68 Arbitration Act 1996), Reflective Loss, Unjust Enrichment, Breach of Joint Venture Agreement, Damages, Oppression Under Cyprus Companies Law
Arbitration Commercial Law Serious Irregularity (section 68 Arbitration Act 1996) Reflective Loss Unjust Enrichment Breach of Joint Venture Agreement Damages Oppression Under Cyprus Companies Law

Case Brief

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Parties

UMS Holding Limited

Claimant

Energy Standard Fund Limited

Claimant

Energy Standard Industries Limited

Claimant

Great Station Properties S.A.

Defendant

Inter Growth Investments Limited

Defendant

Stremvol Holdings Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitral tribunal committed a serious irregularity under section 68 of the Arbitration Act 1996 by failing to act fairly or to deal with all issues
  2. 2 Whether the tribunal overlooked, misunderstood, or failed to consider key evidence
  3. 3 Whether the tribunal's reasoning was manifestly illogical or unsustainable

Ratio Decidendi

The court found no serious irregularity under section 68. The tribunal dealt with all essential issues, gave reasons, and was not required to refer to every piece of evidence or argument. The complaints amounted to challenges to findings of fact and the tribunal's evaluation of evidence, which are not grounds for intervention under section 68. There was no breach of the duty to act fairly, nor any failure to deal with issues. The application was dismissed.

Court Disposition

Application dismissed

Orders

  • Section 68 challenge dismissed
  • No order setting aside the arbitral award