P v Q

P v Q

Paragraph 79B of the Partial Award was obiter and did not constitute a serious irregularity or breach of duty under s.33 Arbitration Act. The Claimant's ability to amend its case to plead deceit is not prejudiced by the Arbitrator's comment, especially in light of the Respondent's clarifications.

Parties
Claimant: P; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Arbitration Challenge / Judgment on S.68 Arbitration Act Application
Outcome
Application dismissed
Legal Topics
Serious Irregularity Under S.68 Arbitration Act, Breach of Contract, Implied Terms, Tort of Deceit, Remoteness of Damages
Arbitration Contract Law Serious Irregularity Under S.68 Arbitration Act Breach of Contract Implied Terms Tort of Deceit Remoteness of Damages

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Parties

P

Claimant

Q

Respondent

Procedural Posture

Arbitration Challenge / Judgment on S.68 Arbitration Act Application

Legal Issues

  1. 1 Whether paragraph 79B of the Partial Award constitutes a serious irregularity under s.68 Arbitration Act
  2. 2 Whether the Arbitrator's finding prejudices the Claimant's ability to amend its case to plead deceit

Ratio Decidendi

Paragraph 79B of the Partial Award was obiter and did not constitute a serious irregularity or breach of duty under s.33 Arbitration Act. The Claimant's ability to amend its case to plead deceit is not prejudiced by the Arbitrator's comment, especially in light of the Respondent's clarifications.

Court Disposition

Application dismissed