Appeal against award: standard directions

CPR Part 62 sets out the standard directions applicable to an appeal against an arbitration award under sections 67 to 69 of the Arbitration Act 1996. Province of Balochistan v Tethyan Copper Co Pty Ltd [2020] EWHC 938 was an application by the appellant for a variation of the standard directions, the effect of which would have been to allow the appellant to introduce fresh evidence not referred to in the original claim form and to require a hearing on the issues raised.

Henshaw J did not reach a final decision on the application, and instead ordered a further hearing so that the issues could be resolved. The complexities arose in this case from the fact that the disputes between the parties were simultaneously being considered in arbitration under the parties’ contract, in ICSID arbitration and by the Supreme Court of Pakistan, and that allegations of corruption arose at a late stage.