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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

Twenty Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

26/04/2017

Judgment: 'A v B – A Section 68 Challenge' Thomas Raphael QC

This is an archived article, and some links may not work. Contact us if you have any questions.

On 23 March 2017, the Commercial Court (Christopher Butcher QC) gave an interesting judgment rejecting a s. 68 challenge alleging “serious irregularity” in respect of an arbitration award.

The judgment (attached below) has recently been published in anonymised form.

The challenge failed on the facts but the Court also reached legal conclusions which helpfully clarify the law.

First, in respect of challenges under s. 68(2)(a) alleging breach of the duty of fairness, the Court adopted and extended the reasoning in Sonatrach v Statoil [2014] 2 Lloyd’s Rep 252 which makes challenges to the arbitrators’ findings of fact near impossible.

Second, in respect of challenges under s. 68(2)(d) alleging failure to deal with an issue the Court concluded that failure properly to argue for an issue in a clear way meant that there could be no serious injustice if it was not addressed by the Tribunal – that was the fault of the party who had failed to argue it properly

Third, a challenge was made under s. 68(2)(i) arguing that a dissenting opinion by a dissenting arbitrator was an “admitted irregularity” by “a person vested by the parties with powers over the proceedings or the award” This was rejected, the Court holding that a dissenting arbitrator, not being the majority, had no relevant powers, and that his allegations were not admissions.

Thomas Raphael QC, instructed by Hill Dickinson, acted for the Defendants.


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