P (A COMPANY INCORPORATED IN COUNTRY A) V D (A COMPANY INCORPORATED IN COUNTRY B) AND OTHERS

[2019] EWHC 1277 (Comm), Queen’s Bench Division, Commercial Court, Sir Michael Burton, 16 May 2019

Arbitration – Serious irregularity – Reliance on lack of credibility of witness – Reliance on issues not put to the tribunal – Substantial injustice – Arbitration Act 1996, section 68

D made a claim in arbitration against P seeking repayment of loans. The tribunal found that there had not been any agreement nor estoppel arising out of meetings between representatives of the parties extending the time for repayment to 1 January 2020. P challenged the award, arguing that: the tribunal had reached its conclusion on the credibility of D’s witness in the absence of any cross examination of him; and the tribunal had concluded that there was a shared assumption at the meetings but that it was contingent upon a further agreement being entered into, the latter point not having been argued by D.