Obrascon Huarte Lain SA & Anor v Qatar Foundation For Education, Science And Community Development

Obrascon Huarte Lain SA & Anor v Qatar Foundation For Education, Science And Community Development

Challenges to the Addendum amending the Fourth Partial Award do not fall within section 67 (substantive jurisdiction) but within section 68 (exceeding powers). The tribunal acted within its powers under Article 35 of the ICC Rules, and even if it did not, no substantial injustice was caused to the JV. Therefore, both applications under sections 67 and 68 are dismissed.

Parties
Claimant: OBRASCON HUARTE LAIN S. A. (trading as OHL Internacional); Claimant: CONTRACK (CYPRUS) LIMITED; Defendant: QATAR FOUNDATION FOR EDUCATION, SCIENCE AND COMMUNITY DEVELOPMENT
Jurisdiction
England and Wales
Judgment Date
24 June 2020
Procedural Posture
Arbitration Claim / Judgment on Applications Under Sections 67 and 68 of the Arbitration Act 1996
Outcome
applications dismissed
Legal Topics
Challenge to Arbitral Award, Jurisdiction, Serious Irregularity, Correction and Interpretation of Arbitral Awards
Arbitration Construction Law Challenge to Arbitral Award Jurisdiction Serious Irregularity Correction and Interpretation of Arbitral Awards

Case Brief

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Parties

OBRASCON HUARTE LAIN S. A. (trading as OHL Internacional)

Claimant

CONTRACK (CYPRUS) LIMITED

Claimant

QATAR FOUNDATION FOR EDUCATION, SCIENCE AND COMMUNITY DEVELOPMENT

Defendant

Procedural Posture

Arbitration Claim / Judgment on Applications Under Sections 67 and 68 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the arbitral tribunal exceeded its substantive jurisdiction in issuing an Addendum amending the Fourth Partial Award
  2. 2 Whether the tribunal exceeded its powers under Article 35 of the ICC Rules
  3. 3 Whether the changes caused substantial injustice to the claimants

Ratio Decidendi

Challenges to the Addendum amending the Fourth Partial Award do not fall within section 67 (substantive jurisdiction) but within section 68 (exceeding powers). The tribunal acted within its powers under Article 35 of the ICC Rules, and even if it did not, no substantial injustice was caused to the JV. Therefore, both applications under sections 67 and 68 are dismissed.

Court Disposition

applications dismissed