The high bar remains—Commercial Court rejects serious irregularity challenge concerning award based on a case not run by party (Ovsyankin v Angophora Holdings)

Article summary

Arbitration analysis: Sir Andrew Smith (sitting as a High Court Judge in the Commercial Court) rejected two challenges under the Arbitration Act 1996 (AA 1996) seeking to overturn the award and remove the arbitrators on the basis of: (1) the tribunal having invited evidence on a non-pleaded issue (AA 1996, s 68); and (2) the tribunal’s failure to act impartially (AA 1996, s 24). Of note is the court’s wide interpretation of the pleadings to find that the ‘new’ issue was in fact a live one for the tribunal to query; thereby indicating that practitioners should argue fully any ‘new’ issues raised by a tribunal in proceedings, instead of (or in addition to) relying on subsequent challenges to the tribunal’s decision. Further, the court provided useful clarification on various issues of impartiality, including a tribunal’s capacity to determine multiple related arbitrations. Written by Ryan Cable, senior associate, and Alasdair...