Obrascon Huarte Lain SA (t/a OHL Internacional) & Anor v Qatar Foundation for Education, Science & Community Development

Obrascon Huarte Lain SA (t/a OHL Internacional) & Anor v Qatar Foundation for Education, Science & Community Development

The Tribunal did not reject the existence of the Automatic Termination Condition but rejected the JV’s construction of Article 184. The issue of whether Clause 19 satisfied Article 184 was properly ventilated, and no procedural irregularity or breach of s.33 Arbitration Act 1996 occurred. The challenge fails to meet the high threshold for intervention under s.68(2)(a).

Parties
Claimant: OBRASCON HUARTE LAIN SA (trading as OHL INTERNACIONAL); Claimant: CONTRACK (CYPRUS) LIMITED; Defendant: QATAR FOUNDATION FOR EDUCATION, SCIENCE AND COMMUNITY DEVELOPMENT
Jurisdiction
England and Wales
Judgment Date
02 October 2019
Procedural Posture
Challenge to Arbitral Award Under Arbitration Act 1996 S.68(2)(a) / Judgment on Challenge to Award
Outcome
Challenge dismissed
Legal Topics
Serious Irregularity, Automatic Termination, Contracting Out, Qatari Law, Fairness in Arbitral Proceedings
Arbitration Contract Law Serious Irregularity Automatic Termination Contracting Out Qatari Law Fairness in Arbitral Proceedings

Case Brief

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Parties

OBRASCON HUARTE LAIN SA (trading as OHL INTERNACIONAL)

Claimant

CONTRACK (CYPRUS) LIMITED

Claimant

QATAR FOUNDATION FOR EDUCATION, SCIENCE AND COMMUNITY DEVELOPMENT

Defendant

Procedural Posture

Challenge to Arbitral Award Under Arbitration Act 1996 S.68(2)(a) / Judgment on Challenge to Award

Legal Issues

  1. 1 Whether the arbitral tribunal breached its duty under s.33 Arbitration Act 1996 by deciding the validity of contract termination on a basis not properly ventilated with the parties
  2. 2 Whether Clause 19 of the contract satisfied Article 184 of the Qatari Civil Code for automatic termination without court or tribunal order

Ratio Decidendi

The Tribunal did not reject the existence of the Automatic Termination Condition but rejected the JV’s construction of Article 184. The issue of whether Clause 19 satisfied Article 184 was properly ventilated, and no procedural irregularity or breach of s.33 Arbitration Act 1996 occurred. The challenge fails to meet the high threshold for intervention under s.68(2)(a).

Court Disposition

Challenge dismissed