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CELTIC BIOENERGY LTD V KNOWLES LTD

Lloyd's Law Reporter

CELTIC BIOENERGY LTD V KNOWLES LTD

[2017] EWHC 472 (TCC), Technology and Construction Court, Mrs Justice Jefford, 16 March 2017

Arbitration - Serious irregularity - Whether respondent guilty of fraud in obtaining award - Extension of time - Arbitration Act 1996, section 68(2)(g)

In this case Jefford J set aside an award obtained on an applicant by the respondent. The award declared that the respondent had withdrawn and extinguished monetary claims against a third party. In fact such claims had been made under a threat of legal proceedings, but that was not disclosed to the arbitrator or known to the applicant. It was held that the award should be remitted to the arbitrator for rehearing on the true facts.

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