Source: All England Reporter
Publisher Citation: [2002] All ER (D) 94 (Nov)
Court: Commercial Court

Colman J

Representation Simon Croall (instructed by Waterson Hicks) for the claimants.
  Arshad Gaffer (instructed by Shaw Lloyd & Co) for the defendants.
Judgment Dates: 7 November 2002


Arbitration - Award - Setting aside award - Serious irregularity - Test for serious irregularity - s 68.

The Case

Applications under s68 of the involved a two stage investigation: first, asking whether there had been an irregularity of at least one of the nine kinds identified in s68(2)(a) to (i), and secondly, asking whether the incidence of such irregularity had caused or would cause substantial injustice. With respect to the first stage, the duty to act fairly was quite distinct from the autonomous power of the arbitrators to make findings of fact.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.