Masood Ahmed & Dr Lal Akhter unscramble a case of suppliers, hens & the Lion Code
- Covers Stonegate Farmers v Chucks Farms, and its lessons for arbitration specialists.
- Notes success in s 68 Arbitration Act challenges are rare, and explains why this case succeeds.
It is well established that, although arbitrators are not bound by the parties’ legal submissions, they must not decide a dispute on a point that has not been raised without first giving the parties an opportunity to comment. Where they fail to do so, the arbitral award may be challenged on the grounds of serious irregularity under s 68 of the Arbitration Act 1996 (AA 1996).
In Stonegate Farmers Ltd v Chucks Farm Ltd [2026] EWHC 742 (Comm), the Circuit Commercial Court upheld a s 68 challenge after the arbitrator decided the dispute on the basis of an implied contractual term that neither party had put forward.
Farm dispute
Stonegate Farmers and Chucks Farm entered into an agreement for the supply of eggs. As part of the arrangement,
