Arbitration Links - Linklaters
  • Year: 2018
  • Month: April
  • Topic: Arbitral Institutions & Rules

Successful challenge on basis of serious irregularity – A tribunal’s failure to deal with contribution claim

13 April 2018 Sadie Buls, England & Wales

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In P v D & Ors [2017] EWHC 3273 (Comm), London’s Commercial Court upheld a challenge to a London Court of International Arbitration award brought under s.68 Arbitration Act 1996 for serious irregularity. The claimant sought remission of the award on the basis that the Tribunal failed to deal with all the issues that were put to it (in particular, it failed to consider the claimant’s contribution claim in the proceedings), thereby causing the claimant substantial injustice. In its judgment, the Court identified a number of errors in the Tribunal’s award and provided guidance on when a LCIA Tribunal can exercise post-award powers to make corrections or issue additional awards under the LCIA Rules.

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