Double K Oil Products 1996 Ltd v Neste Oil Oyj [2009] EWHC 3380 (Comm) (18 December 2009)

Double K Oil Products 1996 Ltd v Neste Oil Oyj [2009] EWHC 3380 (Comm) (18 December 2009)

The application to set aside the arbitration award under s.68 Arbitration Act 1996 was dismissed because Double K failed to establish fraud or serious irregularity by cogent evidence, failed to show that any alleged irregularity was that of Neste or caused substantial injustice, and the tribunal acted within its powers and discretion regarding witness evidence and procedural matters.

Citation
[2009] EWHC 3380 (Comm)
Parties
Claimant: Double K. Oil Products 1996 Limited; Defendant: Neste Oil Oyj
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Commercial Court Challenge to Arbitration Award / Judgment on S.68 Arbitration Act 1996 Application
Outcome
Application dismissed
Legal Topics
Serious Irregularity Under S.68 Arbitration Act 1996, Fraud in Arbitration, Tribunal's Duty of Fairness, Admissibility of Evidence, Implied Contractual Terms, Inducement of Breach of Contract, Conspiracy, Causation in Contract and Tort
Arbitration Commercial Law Serious Irregularity Under S.68 Arbitration Act 1996 Fraud in Arbitration Tribunal's Duty of Fairness Admissibility of Evidence Implied Contractual Terms Inducement of Breach of Contract +2 more

Case Brief

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Parties

Double K. Oil Products 1996 Limited

Claimant

Neste Oil Oyj

Defendant

Procedural Posture

Commercial Court Challenge to Arbitration Award / Judgment on S.68 Arbitration Act 1996 Application

Legal Issues

  1. 1 Whether the arbitration award should be set aside for serious irregularity under s.68 Arbitration Act 1996
  2. 2 Whether the award was obtained by fraud or contrary to public policy
  3. 3 Whether the tribunal failed to comply with its duty of fairness under s.33 Arbitration Act 1996

Ratio Decidendi

The application to set aside the arbitration award under s.68 Arbitration Act 1996 was dismissed because Double K failed to establish fraud or serious irregularity by cogent evidence, failed to show that any alleged irregularity was that of Neste or caused substantial injustice, and the tribunal acted within its powers and discretion regarding witness evidence and procedural matters.

Court Disposition

Application dismissed

Orders

  • Application to set aside the arbitration award is refused
  • No order for further evidence or remittal