United Kingdom / 09 December 1999 / England and Wales, Court of Appeal / Irvani v. Irvani
| Country | United Kingdom |
| Court | England and Wales, Court of Appeal |
| Date | 09 December 1999 |
| Parties | Irvani v. Irvani |
| Applicable NYC Provisions | V |
| Languages | English |
| Summary | The parties were brothers and business partners. Their partnership was terminated and disputes arose regarding the distribution of partnership assets. By agreement, these disputes were referred to the parties’ sister as arbitrator, who issued an award in Vancouver, Canada, in favour of the respondent. The respondent sought and obtained a declaration from an English court to the effect that the arbitration agreement and award were binding. The applicant appealed, seeking a declaration that the award was not binding on the grounds, inter alia, that the arbitrator had not given him a proper occasion to state his case and had not acted with impartiality pursuant to section 5(2)(c) of the Arbitration Act 1996 (U.K.) (“the Act”) (which directly incorporates and whose wording is equivalent to Article V NYC). The respondent argued, inter alia, that the applicant was prevented from resisting enforcement of the award under section 5(2)(c) of the Act, because, insofar as both the curial and enforcing courts were the English Court, the applicant could have applied to set the award aside under section 22 of the Arbitration Act 1950 (U.K.) and had failed to do so in time. The Court of Appeal allowed the applicant’s appeal under section 5(2)(c) of the Act, finding that the terms of the award raised doubts as to the arbitrator’s adherence to natural justice. |
Attachment (1)
 Original Pending Adobe Acrobat PDF |
