The Business Law Reports
[2020] Bus LR 954
Queen’s Bench Division
Xstrata Coal Queensland Pty Ltd (now known as Rolleston Coal Holdings Pty Ltd and formerly known as Glencore Queensland Pty Ltd) and others
v
Benxi Iron & Steel (Group) International Economic & Trading Co Ltd
[2020] EWHC 324 (Comm)
2020 Jan 21
Butcher J
Arbitration— Appeal— Extension of time— Uncertainty as to identity of party leading foreign court to refuse to enforce award— Award creditor applying pursuant to power to correct errors for clarification of award— Tribunal refusing to exercise power— Creditor thereafter challenging award on ground that uncertainty or ambiguity as to its effect constituting serious irregularity— Whether starting point of 28-day period for bringing challenge running from date of award or date of tribunal’s response to correction application— Whether challenge out of time—
Arbitration Act 1996 (c 23), ss 57, 70(3)
—
LCIA Arbitration Rules 1998, art 27
Arbitration— Award— Serious irregularity— Arbitration award creditor unable to enforce award in foreign court due to uncertainty or ambiguity as to its effect— Effect of award not unclear to English lawyers— Award creditor applying to court on ground of serious irregularity for award to be remitted to tribunal for resolution of uncertainty— Whether award capable of being ambiguous or uncertain as to its effect when meaning and effect understandable by English lawyers— Whether serious irregularity— Whether causing substantial injustice— Whether award to be remitted to tribunal—
Arbitration Act 1996 (c 23), s 68(2)(f)
This content is available only to subscribers. If you have a subscription to this content, please log in.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.