8 Jun 2012
IRONSANDS INVESTMENTS LTD V TOWARD INDUSTRIES LTD HC AK CIV-2011-404-1289
- Citation
- openlaw-c20ef0fe_155a_4654_a297_f4c0e7723ee6.pdf
- Court
- High Court
The High Court struck out CKI's challenges because (1) the art 34(6) fraud/corruption ground requires actual dishonesty/deliberate concealment and unexplained or negligent non‑disclosure of documents did not meet that standard and thus could not excuse the time bar or permit setting aside the liability award; (2) the arbitrator was entitled to prefer the evidence he accepted on quantum and weight of invoices falls within the tribunal's domain, and cl 5(10) precludes court re‑examination of whether an award was supported by sufficient evidence; and (3) clause 12.14 unambiguously provided that…