Republic of Kazakhstan v World Wide Minerals Ltd & Anor

Republic of Kazakhstan v World Wide Minerals Ltd & Anor

The tribunal committed a serious irregularity by awarding damages on a basis not argued by the parties and without giving TRK a fair opportunity to address the issue; this caused substantial injustice as the tribunal might have reached a different conclusion if TRK had been heard. The appropriate remedy is to set aside the relevant paragraphs of the award and remit the issues of causation and quantification of loss to the tribunal.

Parties
Claimant: The Republic of Kazakhstan; Defendant: World Wide Minerals Limited; Defendant: Paul A Carroll QC
Jurisdiction
England and Wales
Judgment Date
23 November 2020
Procedural Posture
Arbitration Challenge (s.68 Arbitration Act 1996) / Judgment on Challenge to Arbitral Award
Outcome
Application allowed in part; relevant paragraphs of the award set aside and issues of causation and quantification of loss remitted to the tribunal.
Legal Topics
Serious Irregularity Under S.68 Arbitration Act 1996, Fair and Equitable Treatment (fet), Causation and Quantification of Damages, Procedural Fairness in Arbitration, Remission of Arbitral Award
Arbitration Commercial Law International Investment Law Serious Irregularity Under S.68 Arbitration Act 1996 Fair and Equitable Treatment (fet) Causation and Quantification of Damages Procedural Fairness in Arbitration Remission of Arbitral Award

Case Brief

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Parties

The Republic of Kazakhstan

Claimant

World Wide Minerals Limited

Defendant

Paul A Carroll QC

Defendant

Procedural Posture

Arbitration Challenge (s.68 Arbitration Act 1996) / Judgment on Challenge to Arbitral Award

Legal Issues

  1. 1 Whether the arbitral tribunal committed a serious irregularity under s.68(2)(a) of the Arbitration Act 1996 by awarding damages on a basis not argued by the parties
  2. 2 Whether the irregularity caused substantial injustice to the claimant
  3. 3 Whether the appropriate remedy is to set aside or remit the award

Ratio Decidendi

The tribunal committed a serious irregularity by awarding damages on a basis not argued by the parties and without giving TRK a fair opportunity to address the issue; this caused substantial injustice as the tribunal might have reached a different conclusion if TRK had been heard. The appropriate remedy is to set aside the relevant paragraphs of the award and remit the issues of causation and quantification of loss to the tribunal.

Court Disposition

Application allowed in part; relevant paragraphs of the award set aside and issues of causation and quantification of loss remitted to the tribunal.

Orders

  • Relevant paragraphs of the arbitral award relating to quantification of loss set aside
  • Determination of causation and quantification of loss remitted to the arbitral tribunal for reconsideration