- Serious irregularity challenge to award for failure to deal with a contribution claim succeeds (P v D)
- What are the practical implications of this judgment?
- What was the background?
- What did the court decide?
- Serious irregularity under section 68(2)(d) of the Arbitration Act 1996
- The tribunal’s approach to article 27 of the LCIA Rules
- Case details
Arbitration analysis: Mr Justice Andrew Baker in the Commercial Court upheld a serious irregularity challenge to a London Court of International Arbitration (LCIA) tribunal’s award for failure to deal with all the issues that were put to it, pursuant to section 68(2)(d) of the Arbitration Act 1996 (AA 1996). The court concluded that the tribunal failed to consider the claimant’s contribution claim in the proceedings when finding the claimant alone was liable to the first defendant in the arbitration for $US 11m. This failure was found to have caused substantial injustice to the claimant.
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