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Protech Projects Construction (Pty) Ltd v Mohammed Abdulmohsin Al-Kharafi & Sons General Trading, General Contracting and Industrial Structures WLL and Ant

Protech Projects Construction (Pty) Ltd v Mohammed Abdulmohsin Al-Kharafi & Sons General Trading,... 14 October 2005 Langley J Commercial Court [2005] EWHC 2165 [2005] ArbLR 50 Arbitration award--Challenge--Procedural irregularity--Issues--Arbitrator awarding costs under ICC Rules--Prevailing party concluding conditional fee arrangement--Arbitrator declining to include uplift or `success fee' as reasonable `costs incurred'--Arbitrator declining to deal with question of whether CFA's valid--Whether arbitrator failed to deal with issues (no)--Whether substantial injustice (no)--Whether to set aside award (no)--Arbitration Act 1996, s 68(2)(d) Arbitration award--Challenge--Procedural irregularity--Public policy-- Arbitrator upholding jurisdiction--Failure by one party to produce documents assigning rights to third party--Whether non-disclosure contrary to public policy (no)--Whether substantial injustice (no)--Whether to set aside award (no)--Arbitration Act 1996, s 68(2) Decision not to deal with question that does not affect outcome not a failure to address issues Kharafi, the main contractor for airport construction works in Ethiopia, engaged Protech as earthworks subcontractor. The subcontract provided for ICC arbitration. Kharafi terminated the subcontract before the earthworks were completed. Protech's claims were referred to arbitration. In a partial award, the sole arbitrator addressed jurisdictional issues rejecting Kharafi's contention that Protech had assigned its claims under the subcontract to others. Kharafi sought to challenge the award on the grounds that material documents were not disclosed by Protech. In a second http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Protech Projects Construction (Pty) Ltd v Mohammed Abdulmohsin Al-Kharafi & Sons General Trading, General Contracting and Industrial Structures WLL and Ant

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

Protech Projects Construction (Pty) Ltd v Mohammed Abdulmohsin Al-Kharafi & Sons General Trading, General Contracting and Industrial Structures WLL and Ant

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

Abstract

14 October 2005 Langley J Commercial Court [2005] EWHC 2165 [2005] ArbLR 50 Arbitration award--Challenge--Procedural irregularity--Issues--Arbitrator awarding costs under ICC Rules--Prevailing party concluding conditional fee arrangement--Arbitrator declining to include uplift or `success fee' as reasonable `costs incurred'--Arbitrator declining to deal with question of whether CFA's valid--Whether arbitrator failed to deal with issues (no)--Whether substantial injustice (no)--Whether to set aside award (no)--Arbitration Act 1996, s 68(2)(d) Arbitration award--Challenge--Procedural irregularity--Public policy-- Arbitrator upholding jurisdiction--Failure by one party to produce documents assigning rights to third party--Whether non-disclosure contrary to public policy (no)--Whether substantial injustice (no)--Whether to set aside award (no)--Arbitration Act 1996, s 68(2) Decision not to deal with question that does not affect outcome not a failure to address issues Kharafi, the main contractor for airport construction works in Ethiopia, engaged Protech as earthworks subcontractor. The subcontract provided for ICC arbitration. Kharafi terminated the subcontract before the earthworks were completed. Protech's claims were referred to arbitration. In a partial award, the sole arbitrator addressed jurisdictional issues rejecting Kharafi's contention that Protech had assigned its claims under the subcontract to others. Kharafi sought to challenge the award on the grounds that material documents were not disclosed by Protech. In a second

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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/2005.1.671
Publisher site
See Article on Publisher Site

Abstract

14 October 2005 Langley J Commercial Court [2005] EWHC 2165 [2005] ArbLR 50 Arbitration award--Challenge--Procedural irregularity--Issues--Arbitrator awarding costs under ICC Rules--Prevailing party concluding conditional fee arrangement--Arbitrator declining to include uplift or `success fee' as reasonable `costs incurred'--Arbitrator declining to deal with question of whether CFA's valid--Whether arbitrator failed to deal with issues (no)--Whether substantial injustice (no)--Whether to set aside award (no)--Arbitration Act 1996, s 68(2)(d) Arbitration award--Challenge--Procedural irregularity--Public policy-- Arbitrator upholding jurisdiction--Failure by one party to produce documents assigning rights to third party--Whether non-disclosure contrary to public policy (no)--Whether substantial injustice (no)--Whether to set aside award (no)--Arbitration Act 1996, s 68(2) Decision not to deal with question that does not affect outcome not a failure to address issues Kharafi, the main contractor for airport construction works in Ethiopia, engaged Protech as earthworks subcontractor. The subcontract provided for ICC arbitration. Kharafi terminated the subcontract before the earthworks were completed. Protech's claims were referred to arbitration. In a partial award, the sole arbitrator addressed jurisdictional issues rejecting Kharafi's contention that Protech had assigned its claims under the subcontract to others. Kharafi sought to challenge the award on the grounds that material documents were not disclosed by Protech. In a second

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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