29 November 2007
Sumukan Ltd v Commonwealth Secretariat (No 2) [2007] EWCA Civ 1148, [2007] All ER (D) 253 (Nov
Arbitration
Where a contract contains a clause expressly providing for arbitration before a tribunal established according to the defendant’s rules, and one of the arbitrators was not validly appointed under those rules, the non-compliance renders that arbitrator’s participation unlawful and the award a nullity.
If the claimant could not with reasonable diligence have discovered the lack of validity within the Arbitration Act 1996, s 73 the arbitrators lack substantive jurisdiction under s 67 of the same Act and the award will be set aside.
