Cameroon Airlines v Transnet Ltd. [2004] EWHC 1829 (Comm) (29 July 2004)

Cameroon Airlines v Transnet Ltd. [2004] EWHC 1829 (Comm) (29 July 2004)

The court held that the arbitral tribunal did not commit a serious irregularity under s.68 Arbitration Act 1996. The tribunal was entitled to assess the value of benefits received by Camair under the maintenance contracts by reference to contract price less commission, in the absence of persuasive evidence to the contrary. The tribunal's approach fell within the Terms of Reference and the parties had opportunity to address quantum and value issues. The challenge to the award was dismissed.

Citation
[2004] EWHC 1829 (Comm)
Parties
Claimant: Cameroon Airlines; Defendant: Transnet Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2004
Procedural Posture
Challenge to Arbitral Award Under Arbitration Act 1996 S.68 / Judgment on Application to Set Aside Arbitral Award
Outcome
Application dismissed
Legal Topics
Challenge to Arbitral Award, Serious Irregularity, Restitution, Unjust Enrichment, Bribery and Corruption, Quantum of Restitution, Burden of Proof
Arbitration Commercial Law Challenge to Arbitral Award Serious Irregularity Restitution Unjust Enrichment Bribery and Corruption Quantum of Restitution +1 more

Case Brief

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Parties

Cameroon Airlines

Claimant

Transnet Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitral tribunal committed a serious irregularity under s.68 Arbitration Act 1996
  2. 2 Proper approach to quantification of restitution in contracts tainted by bribery under South African law
  3. 3 Whether claimant must tender restoration of benefits received

Ratio Decidendi

The court held that the arbitral tribunal did not commit a serious irregularity under s.68 Arbitration Act 1996. The tribunal was entitled to assess the value of benefits received by Camair under the maintenance contracts by reference to contract price less commission, in the absence of persuasive evidence to the contrary. The tribunal's approach fell within the Terms of Reference and the parties had opportunity to address quantum and value issues. The challenge to the award was dismissed.

Court Disposition

Application dismissed

Orders

  • Challenge to arbitral award rejected
  • No order setting aside or remitting the award