A.K.Kablo Imalat SAN VE TIC A.S. v Intamex S.A. [2011] EWHC 2970 (Comm) (16 November 2011)

A.K.Kablo Imalat SAN VE TIC A.S. v Intamex S.A. [2011] EWHC 2970 (Comm) (16 November 2011)

The tribunal did not find an express or implied agreement varying the contractual pricing mechanism as alleged by the buyer. The tribunal's findings were within the scope of the parties' arguments, and there was no serious irregularity. The tribunal's reasoning on termination and repudiatory breach was clear and not obviously wrong in law. The section 68 challenge is dismissed, leave to appeal under section 69 is refused, and remission for further reasons is denied.

Citation
[2011] EWHC 2970 (Comm)
Parties
Claimant: A. K. Kablo Imalat San ve Tic A. S.; Defendant: Intamex S. A.
Jurisdiction
England and Wales
Judgment Date
16 November 2011
Procedural Posture
Commercial Arbitration Challenge and Appeal / Judgment on Section 68 and Section 69 Arbitration Act 1996 Applications
Outcome
Section 68 challenge dismissed; leave to appeal under section 69 refused; request for remission under section 70 refused.
Legal Topics
Arbitration Award Challenge, Serious Irregularity, Implied Terms, Repudiatory Breach, Contract Termination
Arbitration Commercial Law Contract Law Arbitration Award Challenge Serious Irregularity Implied Terms Repudiatory Breach Contract Termination

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Parties

A. K. Kablo Imalat San ve Tic A. S.

Claimant

Intamex S. A.

Defendant

Procedural Posture

Commercial Arbitration Challenge and Appeal / Judgment on Section 68 and Section 69 Arbitration Act 1996 Applications

Legal Issues

  1. 1 Whether the arbitral tribunal committed a serious irregularity under section 68 of the Arbitration Act 1996
  2. 2 Whether there was an implied or express agreement varying the contractual pricing mechanism
  3. 3 Whether the tribunal erred in law regarding termination of contract and repudiatory breach

Ratio Decidendi

The tribunal did not find an express or implied agreement varying the contractual pricing mechanism as alleged by the buyer. The tribunal's findings were within the scope of the parties' arguments, and there was no serious irregularity. The tribunal's reasoning on termination and repudiatory breach was clear and not obviously wrong in law. The section 68 challenge is dismissed, leave to appeal under section 69 is refused, and remission for further reasons is denied.

Court Disposition

Section 68 challenge dismissed; leave to appeal under section 69 refused; request for remission under section 70 refused.