Essar Oilfields Services Ltd v Norscot Rig Management Pvt Ltd

The arbitrator did not exceed his powers under s.68(2)(b) by awarding litigation funding costs as 'other costs' under s.59(1)(c); any error would be an error of law, not a serious irregularity. In any event, 'other costs' can include litigation funding costs. The application is dismissed.

Parties: Claimant: Essar Oilfields Services Limited; Defendant: Norscot Rig Management Pvt Limited
Jurisdiction: England and Wales
Judgment Date: 15 September 2016
Procedural Posture: Arbitration Challenge Under Arbitration Act 1996, S.68 / High Court Judgment on Application to Set Aside Arbitral Award
Outcome: Application dismissed
Legal Topics: Costs in Arbitration, Litigation Funding, Interpretation of Arbitration Act 1996 S.59(1)(c), Serious Irregularity Under S.68, Waiver Under S.73, Time Limits Under S.70

Arbitration Civil Procedure Costs in Arbitration Litigation Funding Interpretation of Arbitration Act 1996 S.59(1)(c) Serious Irregularity Under S.68 Waiver Under S.73 Time Limits Under S.70

Case Brief

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Parties

Essar Oilfields Services Limited

Claimant

Norscot Rig Management Pvt Limited

Defendant

Procedural Posture

Arbitration Challenge Under Arbitration Act 1996, S.68 / High Court Judgment on Application to Set Aside Arbitral Award

Legal Issues

1 Whether 'other costs' under s.59(1)(c) of the Arbitration Act 1996 includes litigation funding costs
2 Whether the arbitrator exceeded his powers under s.68(2)(b) by awarding litigation funding costs
3 Whether there was a serious irregularity causing substantial injustice

Ratio Decidendi

Court Disposition

Application dismissed