- Successful AA 1996, s 69 appeal—award varied and remitted to tribunal (Alegrow v Yayla)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: This case serves as a rare example of a successful appeal on a point of law pursuant to section 69 of the Arbitration Act 1996 (AA 1996). The Commercial Court held that the award rendered by the Grain and Free Trade Association (GAFTA) Appeal Board was wrong in law and that Alegrow, the claimant, had not committed a breach of contract such as to entitle Yayla, the respondent, to treat the contract as having been brought to an end. Contrary to the findings in the award, the court held that Yayla had renounced the contract and was contingently liable in damages. Accordingly, the court held that the award must be varied and Alegrow’s counterclaims be remitted to the tribunal. The case is significant as commodities awards are rarely appealed, and AA 1996, s 69 cases rarely succeed. Written by Eleanor Scogings, international arbitration associate at LALIVE (London) LLP.
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