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Arbitral tribunal entitled to conclude that parties had entered into a binding agreement not to bring further proceedings

Building Law Monthly

Arbitral tribunal entitled to conclude that parties had entered into a binding agreement not to bring further proceedings

In Daewoo Shipbuilding and Marine Engineering Co Ltd v Songa Office Equinox Ltd [2020] EWHC 2353 (TCC) Jefford J held that the claimants were not entitled to challenge an arbitral award under either s68 or s69 of the Arbitration Act 1996. The arbitral tribunal had been entitled to conclude that the claimants had agreed that if they lost the preliminary issues (as they had) then there would be no further proceedings. There was held to be no obvious error of law in reaching this conclusion and it was also held that the new claims advanced by the claimants were an abuse of process.

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