English Court Upholds s.68 Challenge, Criticising Tribunal For Two-Year Delay In Delivering Award

English High Court upholds s.68 challenge to arbitral award and criticises tribunal for two year delay in delivering its award

Herbert Smith Freehills review the English High Court’s decision in K v P [2019] EWHC 589 (Comm) where, in a rare example of a successful challenge under s.68 of the Arbitration Act 1996, the Court held that

  • the tribunal had failed to deal with an issue put to it, and
  • the Claimants had been denied the opportunity properly to present their case,

resulting in a remission of the award to the tribunal, notwithstanding the Court’s criticism of the two years taken the tribunal to hand down its award.

The authors observe that the English courts have traditionally sought to interfere as little as possible with the arbitral process, noting that the judge in this case emphasised that a court will only interfere in an “extreme case” where “the [tribunal’s] conduct is so far removed from what could reasonably be expected from the arbitral process, that justice calls for it to be corrected“ but also that aspects of the judgment show that the English courts will be robust in their supervision of arbitral tribunals when necessary. …READ MORE

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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