- Award set aside under AA 1996, s 72 for ineffective notice of arbitration (Sino Channel Asia v Dana Shipping and Trading Pte Singapore)
- Practical implications
- Additional comment
- What was the background to the decision?
- What was wrong with the method of service?
- Court details
Arbitration analysis: The Commercial Court has granted a declaration pursuant to section 72(1) of the Arbitration Act 1996 (AA 1996) that an arbitral tribunal had not been properly constituted and had made an award without jurisdiction. It followed that the award should be set aside. The notice of arbitration had been sent by email to an individual at a company different from the respondent, who, the court found, did not have authority to receive it, whether by way of implied actual authority, ostensible authority or ratification. The decision is a reminder that while service is less formalistic in arbitration than in court, it nevertheless has to be effective.
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