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Serious irregularity challenge to obiter sentence in award dismissed (P v Q)

Serious irregularity challenge to obiter sentence in award dismissed (P v Q)
Published on: 30 June 2020
Published by: LexisPSL
  • Serious irregularity challenge to obiter sentence in award dismissed (P v Q)
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Article summary

Arbitration analysis: Sir Michael Burton GBE, sitting as a judge of the High Court in the Commercial Court, dismissed a serious irregularity challenge to a partial award made in respect of preliminary quantum issues. The challenge was made pursuant to subsections 68(2)(a) and/or (i) of the Arbitration Act 1996 (AA 1996). The claimant alleged unsuccessfully that the sole arbitrator made an incorrect finding of fact in the award about the claimant’s pleaded case which amounted to a serious irregularity that would cause the claimant substantial injustice when the claimant came, as it intended, to amend its case to include a pleading of deceit. In dismissing the claimant’s challenge to the award, the judge found no serious irregularity and stated that the sentence in the award at issue was obiter and part of a comment on the absence of a pleaded case on deceit before the arbitrator. As the judge noted, he was, in effect, being asked ‘to tinker’ with part of a sentence in an award, which he was not prepared to do. or take a trial to read the full analysis.

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