GRACIE AND ANOTHER V ROSE

[2019] EWHC 1176 (Ch), Chancery Division, His Honour Judge Russen QC (sitting as a High Court Judge), 10 May 2019

Arbitration - Serious irregularity - Failure to consider all issues - Breach of procedural agreement - Substantial injustice - Arbitration Act 1996, sections 57, 68 and 70

This was a dispute under a Shareholders' Agreement. Following the death of one of the two shareholders, ER, disputes arose as to: the price to be paid for his shares by the other shareholder, G, relating to the valuation of the company's goodwill; the amount recoverable on behalf of ER by way of dividend, matching that received by G; and whether ER's executrix had been in breach of confidentiality arrangements by disclosing information to clients. The arbitrator found for ER's executrix on all three points.