BPY v MXV

BPY v MXV

The court held that none of the grounds advanced by BPY established a serious irregularity under s.68 Arbitration Act 1996. The arbitrator gave both parties a fair opportunity to present their cases, did not exceed her powers or act with apparent bias, and no substantial injustice was shown. The challenge to the arbitral awards was dismissed.

Parties
Claimant: BPY; Defendant: MXV
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Arbitration Claim (challenge to Award) / Judgment on Application to Set Aside Arbitral Award Under S.68 Arbitration Act 1996
Outcome
Application dismissed
Legal Topics
Serious Irregularity Under S.68 Arbitration Act 1996, Apparent Bias, Functus Officio, Admissibility of Evidence, Costs in Arbitration
Arbitration Commercial Law Serious Irregularity Under S.68 Arbitration Act 1996 Apparent Bias Functus Officio Admissibility of Evidence Costs in Arbitration

Case Brief

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Parties

BPY

Claimant

MXV

Defendant

Procedural Posture

Arbitration Claim (challenge to Award) / Judgment on Application to Set Aside Arbitral Award Under S.68 Arbitration Act 1996

Legal Issues

  1. 1 Whether there was a serious irregularity under s.68 Arbitration Act 1996 justifying setting aside the arbitral awards
  2. 2 Whether the arbitrator failed to comply with s.33 duty of fairness and impartiality
  3. 3 Whether the arbitrator exceeded her powers or was functus officio

Ratio Decidendi

The court held that none of the grounds advanced by BPY established a serious irregularity under s.68 Arbitration Act 1996. The arbitrator gave both parties a fair opportunity to present their cases, did not exceed her powers or act with apparent bias, and no substantial injustice was shown. The challenge to the arbitral awards was dismissed.

Court Disposition

Application dismissed

Orders

  • BPY's applications to set aside the Merits Award and Costs Award are dismissed.