No serious irregularity in award on papers following non-compliance with peremptory order (T v V & W)

Table of contents

• What are the practical implications of this judgment?
• What was the background?
• What did the court decide?
• The failure to allow a hearing
• The ‘point-by-point’ refutation
• Case details

Article summary

Arbitration analysis: Mr Justice Males in the Commercial Court dismissed a challenge to an arbitral award on grounds of serious irregularity made pursuant to section 68 of the Arbitration Act 1996 (AA 1996). The award was issued in ad hoc arbitration proceedings conducted in accordance with selected articles of the London Court of International Arbitration (LCIA) Arbitration Rules 2014 (LCIA Rules). Among other matters, the claimant unsuccessfully complained that the tribunal’s determination of the dispute without a hearing (which the claimant had specifically requested) following non-compliance with a peremptory order of the tribunal amounted to serious irregularity causing substantial injustice. The judge also endorsed recent dicta from Andrew Baker J on the proper use of arbitration claim forms in challenge applications.