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In 2019/20, of the 16 challenges made under Section 68, only one was successful. In 2019/20, of the 22 determined applications under Section 69 for appeal on a point of law, permission was granted in only seven. No ultimate success rate was published. In 2018/19 none of the 39 applications under Section 69 were ultimately successful, and in 2017/18 only two of the 87 applications under Section 69 succeeded. What is also clear is the year-on-year decrease in the number of Section 68 and Section 69 applications being brought before the Commercial Court, which might suggest an increasing acceptance among applicants of the low chances of success associated with such applications. THE COMMERCIAL COURT’S APPROACH ....
To embed, copy and paste the code into your website or blog: In a rare successful challenge to an arbitration award under section 68 of the Arbitration Act 1996, the Commercial Court remitted parts of an award for reconsideration by the tribunal. 1 The Court found that a computational error in the award - which had been admitted by the tribunal - amounted to a serious irregularity which caused or would cause substantial injustice to the applicant. Background The case arose out of a dispute between two Russian individuals: Mr Bogatikov, owner of Doglemor Trade Limited ( Doglemor ), the ultimate holding company of a Russian logistics and haulage business called the Business Lines Group (collectively referred to in the judgment as the ....
To embed, copy and paste the code into your website or blog: This alert considers two recent English court judgments providing important guidance impacting expert evidence, first as regards conflicts of interest and, second, as regards the risks of an award being challenged for serious irregularity upon a misapplication by the tribunal of a model agreed between quantum experts for assessing damages. FIRST CASE: COURT OF APPEAL RULES ON CONFLICTS OF INTEREST FOR EXPERTS The first case we consider is the important decision of the English Court of Appeal in (1) Secretariat Consulting Pte Ltd, (2) Secretariat International UK Ltd, (3) Secretariat Advisors LLC v A Company [2021] EWCA Civ 6. In this case, the Court of Appeal ruled that Secretariat, an international expert services practice, breached a contractual duty to avoid conflicts of interest when it accepted appointments from different parties in related arbitrations. The issues in the case were nove ....
Advertisement Recent Development in Expert Evidence: The English Court Provides Guidance on Experts Conflicts of Interests and Highlights the Potential Pitfalls int he Use of Financial Damages Models Tuesday, January 26, 2021 This alert considers two recent English court judgments providing important guidance impacting expert evidence, first as regards conflicts of interest and, second, as regards the risks of an award being challenged for serious irregularity upon a misapplication by the tribunal of a model agreed between quantum experts for assessing damages. First Case: Court of Appeal Rules on Conflicts of Interest for Experts The first case we consider is the important decision of the English Court of Appeal in (1) ....