Commentary

57.7 Exceeding of powers by arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

57.7 Exceeding of powers by arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award

| Commentary

57.7 Exceeding of powers by arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award1

In Lesotho Highlands Development Authority v Impregilo SpA2, the House of Lords set out, as a hypothetical example of a scenario that might give rise to a challenge under this head, a situation in which the parties’ arbitration agreement provides for the appointment of a sole arbitrator and the relevant arbitral institution ignores the provision and appoints a three-member tribunal3. The court has refused an application to extend time to

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