Punch Partnerships (PTL) Ltd & Anor v Jonalt Ltd
The arbitrator committed a serious irregularity by reversing the burden of proof without inviting submissions, and exceeded powers by ordering a 20% keg stocking requirement not authorised by statute.
- Parties
- Claimant: Punch Partnerships (PTL) Limited; Claimant: Star Pubs & Bars Limited; Defendant: Jonalt Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 01 June 2020
- Procedural Posture
- Arbitration Challenge / Judgment
- Outcome
- Claim allowed in part; award set aside in part and remitted for reconsideration.
- Legal Topics
- Burden of Proof, Arbitrator's Powers, Serious Irregularity, Statutory Compliance, Remedies
Case Brief
Summary, issues, holding and outcome
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Parties
Punch Partnerships (PTL) Limited
Claimant
Star Pubs & Bars Limited
Claimant
Jonalt Limited
Defendant
Procedural Posture
Arbitration Challenge / Judgment
Legal Issues
- 1 Whether the arbitrator reversed the burden of proof without inviting submissions, causing serious irregularity under s. 68 Arbitration Act 1996
- 2 Whether the arbitrator exceeded powers by ordering a 20% keg stocking requirement outside statutory authority
Ratio Decidendi
The arbitrator committed a serious irregularity by reversing the burden of proof without inviting submissions, and exceeded powers by ordering a 20% keg stocking requirement not authorised by statute.
Court Disposition
Claim allowed in part; award set aside in part and remitted for reconsideration.
Orders
- Requirement for 20% keg stocking set aside as excess of powers.
- Findings on unreasonableness and supporting reasoning remitted to arbitrator for reconsideration in light of judgment and further submissions.
Full Case Text
Judgment text and source record
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