RJ AND ANOTHER V HB

[2018] EWHC 2833 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Andrew Baker, 26 October 2018

Arbitration - Arbitrator deciding case on grounds not argued by the parties - Serious irregularity - Removal of arbitrator - Arbitration Act 1996, sections 24 and 68

The parties referred to arbitration the question whether RJ was in breach of contract with HB by not taking up the shareholding in a bank. RJ accepted that it had not taken up the shareholding, but argued that it was not in breach of contract by failing to do so. The arbitrator held that HB was the legal owner of the shares but that the shares were beneficially owned by RJ, an argument that neither party had put forward.