ABB Ag v Hochtief Airport Gmbh and Another: ComC 8 Mar 2006

The court considered the authorities on when an applications to set aside an arbitration award might succeed under section 68.
Held: Any such application faced a high hurdle. It can constitute a serious irregularity that a tribunal determines an issue which is not ‘in play’ between the parties.


Tomlinson J


[2006] EWHC 388 (Comm), [2006] 2 LLoyds Rep 1, [2006] 1 All ER (Comm) 529, [2006] ArbLR 2




Arbitration Act 1996 68


England and Wales

Cited by:

CitedBandwidth Shipping Corporation v Intaari (‘Magdalena Oldendorrf’) CA 17-Oct-2007
An arbitrator hearing a case, and who appreciated that counsel had failed to take a point, should draw counsel’s attention to the point. No duty could arise if the arbitrator did not himself see the point.
An applicant under section 68 faces a . .
CitedMichael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
Lists of cited by and citing cases may be incomplete.


Updated: 05 July 2022; Ref: scu.239122