- Islamic Republic of Pakistan and another v Broadsheet LLC: serious irregularity—challenging an arbitral award; the parties’ submission; the judgment; comment.
In Islamic Republic of Pakistan and another v Broadsheet LLC [2019] EWHC 1832 (Comm), the claimants (the respondents in the arbitration) challenged an arbitral award for serious irregularity under s 68 of the Arbitration Act 1996. Relying on ss 68(2)(c) and 68(2)(h), the claimants alleged that a serious irregularity had occurred because the arbitral tribunal had failed to provide adequate reasons in the award. The essential issue for Mrs Justice Moulder was whether ‘inadequate reasons’ could be founded on a challenge under s 68(2)(c) and/or (h).
Serious irregularity
A party may, pursuant to s 68, challenge an arbitral award for serious irregularity affecting the tribunal, the proceedings or the award which the court may consider has caused or will cause ‘substantial injustice’ to the applicant. It should be noted that the requirement of substantial injustice is additional to that of a serious irregularity and an
