P v Q [2020] EWHC 1688 (Comm) (24 June 2020)
The application under s.68 Arbitration Act is dismissed because paragraph 79B of the Partial Award was obiter, did not constitute a finding of fact causing substantial injustice, and the Claimant retains the opportunity to amend its case; no breach of s.33 or serious irregularity is established.
- Citation
- [2020] EWHC 1688 (Comm)
- Parties
- Claimant: P; Respondent: Q
- Jurisdiction
- England and Wales
- Judgment Date
- 24 June 2020
- Procedural Posture
- Arbitration Challenge Under S.68 Arbitration Act 1996 / Judgment on S.68 Application
- Outcome
- Application dismissed
- Legal Topics
- Serious Irregularity Under S.68 Arbitration Act, Breach of Contract, Implied Terms, Tort of Deceit, Remoteness of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
P
Claimant
Q
Respondent
Procedural Posture
Arbitration Challenge Under S.68 Arbitration Act 1996 / Judgment on S.68 Application
Legal Issues
- 1 Whether paragraph 79B of the Partial Award constitutes a serious irregularity under s.68 Arbitration Act
- 2 Whether the Arbitrator breached s.33 Arbitration Act by making an incorrect finding of fact
- 3 Whether the Partial Award causes substantial injustice to the Claimant
Ratio Decidendi
The application under s.68 Arbitration Act is dismissed because paragraph 79B of the Partial Award was obiter, did not constitute a finding of fact causing substantial injustice, and the Claimant retains the opportunity to amend its case; no breach of s.33 or serious irregularity is established.
Court Disposition
Application dismissed
Orders
- Application under s.68 Arbitration Act dismissed
Full Case Text
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