Celtic Bioenergy Limited v Knowles Limited

Citation: [2017] EWHC 472 (TCC)

In Celtic v Knowles Ltd the TCC allowed the Claimant’s application to remit an arbitrator’s award due to misconduct based on fraud on the part of the Defendant. This is the first reported decision in the construction field of a successful application under s68(2)(g). The Defendant was found to have deliberately misled the Arbitrator into making declarations in its favour by making misrepresentations about its continued chasing of a third party for payment of fees allegedly due from the Claimant. The position taken before the Arbitrator was completely contradicted by prior recent correspondence between the Defendant and the third party. The Court found that this deception was deliberate and therefore fraudulent; and that recklessness may also have sufficed under s68(2)(g).

Vincent Moran QC acted for the successful Claimant.

Judgment

Counsel

Vincent Moran QC

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