Originally from Dispute Resolution Journal

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Recent Decisions by National Courts

ENGLAND

In an anonymized judgment of the English Commercial Court dated February 9, 2017 (P v. Q et al., 2017 EWHC 194 (Comm)), the court dealt with an arbitrator challenge based on an alleged improper delegation of authority to the secretary to the tribunal. 

Background

The claimant “P” and the first defendant “Q” entered into a Joint Venture Framework Agreement and a Shareholders’ Agreement, each governed by English law with an arbitration clause. The first defendant commenced arbitration against the claimant under the rules of the London Court of International Arbitration (“LCIA Rules”), with a tribunal of three arbitrators. The claims were for fraudulent misrepresentation and breach of warranty as well as frustration of the contracts.