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Serious irregularity challenge to award in commodities arbitration dismissed (A v B)

Serious irregularity challenge to award in commodities arbitration dismissed (A v B)
Published on: 13 April 2017
Published by: LexisPSL
  • Serious irregularity challenge to award in commodities arbitration dismissed (A v B)
  • Original news
  • What are the practical implications of this judgment?
  • What was the background?
  • What were the grounds of challenge?
  • What did the court decide?
  • Failure to comply with the general duty (AA 1996, s 68(2)(a))
  • Failure to deal with all the issues (AA 1996, s 68(2)(d))
  • Uncertainty or ambiguity as to the effect of the award (AA 1996, s 68(2)(f))
  • Admitted irregularity in the conduct of the proceedings or the award (AA 1996, s 68(2)(i))
  • More...

Article summary

Arbitration analysis: In the Commercial Court, Mr Butcher QC (sitting as a Deputy High Court Judge) dismissed a challenge to a partial arbitral award, made in an ad hoc commodities arbitration, on grounds of serious irregularity pursuant to subsections 68(2)(a), (d), (f) and (i) of the Arbitration Act 1996 (AA 1996). Although an example of another failed AA 1996, s 68 application, the judgment is of interest due to the court’s consideration of the categories of alleged serious irregularity raised by the claimant in this case. or take a trial to read the full analysis.

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