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AA 1996, s 72 application fails where awards converted into judgment (Ashapura Minechem v Armada)

AA 1996, s 72 application fails where awards converted into judgment (Ashapura Minechem v Armada)
Published on: 30 November 2018
Published by: LexisPSL
  • AA 1996, s 72 application fails where awards converted into judgment (Ashapura Minechem v Armada)
  • What are the practical implications for practitioners?
  • What is the background to this decision?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: Mrs Justice Cockerill sitting in the Commercial Court dismissed an application made pursuant to section 72 of the Arbitration Act 1996 (AA 1996), to set aside two awards on the ground that the arbitrator did not have substantive jurisdiction. An application to convert the awards into English judgments had previously been granted under section 66(2) of the Arbitration Act 1996 (AA 1996). Cockerill J accepted that the contractual right of action arising from the awards had therefore been merged into the judgment, and there was no longer a right which could be raised under AA 1996, s 72. or take a trial to read the full analysis.

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