Allegation of serious irregularity in arbitration.
Held: The request was refused: ‘the present case can hardly be said to be an extreme case which justice calls out to be corrected.’.
‘Arbitrators are not barred from asking a party whether it has considered raising a different case from that which it has advanced but section 33 of the Arbitration Act 1996 does not oblige them to do so . . they often do so when there is an oral hearing. Such questions may be asked by a tribunal anxious to understand the basis upon which a case is being advanced. Such questions may also be asked where the arbitration is on documents alone. But in such cases the parties are often concerned to keep costs to a minimum because the amount in dispute is modest. In such circumstances it is understandable that a tribunal will be reluctant to ask a party, which has put in a detailed submission in a modest case, whether it wishes to run a different case.’
Teare J
[2011] EWHC 2992 (Comm), [2011] ArbLR 50
Bailii
Arbitration Act 1996 33 68
England and Wales
Citing:
Cited – Flacker Shipping Ltd v Glencore Grain Ltd (Happy Day) CA 15-Jul-2002
. .
Cited – F Ltd v M Ltd TCC 11-Feb-2009
The claimant sought rmission of part of the final award.
Held: Coulson J said: ‘It is not, I think, for the arbitral tribunal to hunt through the contract and find other ways in which the claimant’s claim might be put, and then offer the . .
Cited – Bandwidth 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 . .
Cited – F Ltd v M Ltd TCC 11-Feb-2009
The claimant sought rmission of part of the final award.
Held: Coulson J said: ‘It is not, I think, for the arbitral tribunal to hunt through the contract and find other ways in which the claimant’s claim might be put, and then offer the . .
Cited – Lesotho Highlands Development Authority v Impregilo Spa and others HL 30-Jun-2005
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies.
Held: The question remained whether . .
Cited – Pacol Ltd v Joint Stock Co Rossakhar 2000
The respondents to the arbitration admitted breaches of contracts that raised some issue as to the amount of damages payable. The arbitrators made an award on the basis that the admission of liability was not justified.
Held: It was a clear . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Leading Case
Updated: 02 November 2021; Ref: scu.449005