F Ltd v M Ltd

Citation: 1 Lloyds Rep 537, [2009] CILL 2681, [2009] 2 All ER (Comm) 519, [2009] EWHC 275 (TCC)

Nature of case:
F challenged parts of an ICC arbitration award arising from a dispute over a gas desulphurisation plant under s.68 Arbitration Act, alleging serious irregularity.  The court held that the majority had not been wrong in failing to give F Ltd a chance to respond to their findings on alternative arguments, although it may have been desirable to notify the parties before finalising the award.  However, there had been serious irregularity in the majority’s failure to give credit to F for £973,000, since there was no pleaded basis on which they could hold F liable to pay that sum to M, and the award was remitted back to the Tribunal for reconsideration.

Link to Judgment

Counsel

Paul Buckingham

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