ICC award set aside for serious irregularity by Commercial Court (RJ v HB)

Article summary

Arbitration analysis: Mr Justice Andrew Baker in the Commercial Court upheld a serious irregularity challenge to an International Chamber of Commerce (ICC) arbitration award made pursuant to section 68 of the Arbitration Act 1996 (AA 1996). The court found that the sole arbitrator determined a central part of the dispute on a basis neither requested by the parties nor raised by the tribunal in a manner that gave the parties sufficient opportunity to deal with it. Having found that the serious irregularity caused the claimant substantial injustice, the judge decided that the award should be set aside (rather than remitted for reconsideration) and considered afresh by the same arbitrator (who would not be removed) with the benefit of the parties’ submissions on the matter.