Source: All England Reporter
Publisher Citation: [2004] All ER (D) 498 (Jul)
Court: Commercial Court
Judge:

Moore-Bick J
Representation Gavin Geary (instructed by Richards Butler) for the claimant.
  Chirag Karia (instructed by Hill Taylor Dickinson) for the defendant.
Judgment Dates: 28 July 2004

Catchwords

Arbitration - Award - Serious irregularity - Ability of court to consider confidential reasons in determining allegation of serious irregularity - s 68.

The Case

No application should be made under s68 of the unless there were substantial grounds for saying that the irregularity was indeed serious and the injustice caused by it substantial. In those circumstances, the court had no alternative but to examine the relevant evidence. If the evidence was said to lie in the arbitrator's reasons, the court would have to look at them, whether or not they were confidential, unless there was evidence from other sources that made it unnecessary to do so or it could see that the allegation was groundless or there was some other exceptional reason for refusing to do so.

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