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Lesotho Highlands Development Authority v Impregilo SpA and Ors

Lesotho Highlands Development Authority v Impregilo SpA and Ors 30 June 2005 Lords Steyn, Hoffmann, Phillips, Scott, and Rodger House of Lords [2005] UKHL 43 [2005] ArbLR 41 Arbitration award--Challenge--Procedural irregularity--Excess of jurisdiction--Currency and interest--Arbitrators awarding damages in a currency other than currencies specified in contract--Whether procedural irregularity (no)--Whether error of law (yes)--Arbitrators awarding interest at a `commercial rate' and otherwise than in accordance with the law of Lesotho--Whether arbitrators free to decide interest (yes)--Whether excess of jurisdiction (no)-- Whether choice of Lesotho law an agreement to the contrary (no)--Whether substantial injustice (no)--Arbitration Act 1996, ss 48, 49 and 68(2)(b) Errors in the application of powers or in interpretation of contract provisions are errors of law, not procedural irregularities Disputes arising out of a construction project were referred to ICC arbitration. Terms of reference in the arbitration directed arbitrators to settle disputes arising out of a contract governed by the law of Lesotho pursuant to the provisions of the Arbitration Act 1996. Section 48(4) of the Arbitration Act states that arbitrators may order payment of a sum of money `in any currency'. Section 49(3) provides that unless otherwise agreed by the parties, arbitrators may award simple or compound interest `from such dates, at such rates and with http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Lesotho Highlands Development Authority v Impregilo SpA and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Lesotho Highlands Development Authority v Impregilo SpA and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

30 June 2005 Lords Steyn, Hoffmann, Phillips, Scott, and Rodger House of Lords [2005] UKHL 43 [2005] ArbLR 41 Arbitration award--Challenge--Procedural irregularity--Excess of jurisdiction--Currency and interest--Arbitrators awarding damages in a currency other than currencies specified in contract--Whether procedural irregularity (no)--Whether error of law (yes)--Arbitrators awarding interest at a `commercial rate' and otherwise than in accordance with the law of Lesotho--Whether arbitrators free to decide interest (yes)--Whether excess of jurisdiction (no)-- Whether choice of Lesotho law an agreement to the contrary (no)--Whether substantial injustice (no)--Arbitration Act 1996, ss 48, 49 and 68(2)(b) Errors in the application of powers or in interpretation of contract provisions are errors of law, not procedural irregularities Disputes arising out of a construction project were referred to ICC arbitration. Terms of reference in the arbitration directed arbitrators to settle disputes arising out of a contract governed by the law of Lesotho pursuant to the provisions of the Arbitration Act 1996. Section 48(4) of the Arbitration Act states that arbitrators may order payment of a sum of money `in any currency'. Section 49(3) provides that unless otherwise agreed by the parties, arbitrators may award simple or compound interest `from such dates, at such rates and with

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.557
Publisher site
See Article on Publisher Site

Abstract

30 June 2005 Lords Steyn, Hoffmann, Phillips, Scott, and Rodger House of Lords [2005] UKHL 43 [2005] ArbLR 41 Arbitration award--Challenge--Procedural irregularity--Excess of jurisdiction--Currency and interest--Arbitrators awarding damages in a currency other than currencies specified in contract--Whether procedural irregularity (no)--Whether error of law (yes)--Arbitrators awarding interest at a `commercial rate' and otherwise than in accordance with the law of Lesotho--Whether arbitrators free to decide interest (yes)--Whether excess of jurisdiction (no)-- Whether choice of Lesotho law an agreement to the contrary (no)--Whether substantial injustice (no)--Arbitration Act 1996, ss 48, 49 and 68(2)(b) Errors in the application of powers or in interpretation of contract provisions are errors of law, not procedural irregularities Disputes arising out of a construction project were referred to ICC arbitration. Terms of reference in the arbitration directed arbitrators to settle disputes arising out of a contract governed by the law of Lesotho pursuant to the provisions of the Arbitration Act 1996. Section 48(4) of the Arbitration Act states that arbitrators may order payment of a sum of money `in any currency'. Section 49(3) provides that unless otherwise agreed by the parties, arbitrators may award simple or compound interest `from such dates, at such rates and with

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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