Arbitration Law Monthly

In LLC EuroChem North-West-2 v Tecnimont SpA [2023] EWCA Civ 688; [2023] 2 Lloyd's Rep 259 there were two main questions for the Court of Appeal: did the terms of an anti-suit injunction preclude the respondent from intervening in third-party proceedings indirectly relevant to the arbitration; and was there a breach of the arbitration clause itself by such intervention?

Under section 58 of the Arbitration Act 1996 an arbitration award is final and binding. In YDU v SAB and Another [2022] EWHC 3304 (Comm); [2023] 1 Lloyd's Rep 675 the question was whether orders for specific performance contained in an award could be varied by the tribunal by a subsequent award.

In BPY v MXV [2023] EWHC 82 (Comm) the applicant raised a raft of procedural objections under section 68 of the Arbitration Act 1996 to an arbitral award, concluding that the agreements upon which BPY had brought its claim were shams. Butcher J rejected each of the points relied upon by the applicant.

Under section 70(2) of the Arbitration Act 1996 an appeal against an award on jurisdictional or procedural grounds, or an application for an appeal on point of law, can go forward only after all other potential appeals, including an application to the tribunal for the correction of the award under section 57, have been exhausted.