Uzdon v Romak SA [1998] EWHC 1200 (Comm) (6 November 1998)

Uzdon v Romak SA [1998] EWHC 1200 (Comm) (6 November 1998)

The court found that the tribunal acted fairly and impartially, giving both parties reasonable opportunity to present their cases. UZDON's complaints were either unfounded or the result of its own actions. No serious irregularity or substantial injustice was established. The application was refused.

Citation
[1998] EWHC 1200 (Comm)
Parties
Applicant: UZDON; Respondent: ROMAK
Jurisdiction
England and Wales
Judgment Date
06 November 1998
Procedural Posture
Arbitration Act 1996 Section 68 Challenge / Post Award Application to Set Aside Arbitral Award
Outcome
Application refused
Legal Topics
Serious Irregularity in Arbitration, Section 68 Arbitration Act 1996, Fair Treatment in Arbitral Proceedings, Substantial Injustice, Costs on Indemnity Basis
Arbitration Commercial Law Serious Irregularity in Arbitration Section 68 Arbitration Act 1996 Fair Treatment in Arbitral Proceedings Substantial Injustice Costs on Indemnity Basis

Case Brief

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Parties

UZDON

Applicant

ROMAK

Respondent

Procedural Posture

Arbitration Act 1996 Section 68 Challenge / Post Award Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether the GAFTA arbitral tribunal failed to comply with section 33 of the Arbitration Act 1996
  2. 2 Whether any such failure caused substantial injustice to UZDON

Ratio Decidendi

The court found that the tribunal acted fairly and impartially, giving both parties reasonable opportunity to present their cases. UZDON's complaints were either unfounded or the result of its own actions. No serious irregularity or substantial injustice was established. The application was refused.

Court Disposition

Application refused

Orders

  • Application by UZDON refused
  • ROMAK awarded costs of the application to be taxed on an indemnity basis