UR POWER GMBH V KUOK OILS AND GRAINS PTE LTD

[2009] EWHC 1940 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Gross, 31 July 2009

Arbitration - Dispute as to whether parties had entered into agreement - Jurisdiction - Substantial irregularity - Error of law - Separability of arbitration clause - Time limits for application to court under two tier arbitration - Whether time should be extended - Arbitration Act 1996, sections 7, 30, 67, 68, 69, 70 and 80(3)

 Kuok commenced arbitration proceedings against URP for failure to deliver a cargo of palm oil. The arbitrators ruled that URP was in breach of contract and awarded damages on the basis that the contract was broken on 31 May 2007. URP appealed to a Board of Appeal, asserting that there never had been any contract. The Board of Appeal dismissed the appeal, but reduced the amount of damages by holding that the contract was broken in November 2006. Both parties appealed, but the appeals were dismissed.