T v V AND W

[2018] EWHC 1492 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Males, 16 May 2018

Arbitration - Serious irregularity - Peremptory order - Failure by appellant to adhere to peremptory order - Oral hearing only - Arbitration Act 1996, sections 41(7) and 68

The parties were in a partnership agreement. Disputes as to the termination and replacement of the agreement were referred to an arbitrator under LCIA rules, and in accordance with those rules the parties were entitled to an oral hearing. The arbitrator issued a peremptory order under section 41(7) of the Arbitration Act 1996 requiring T to disclose various documents. T did not comply, and his subsequent attempt to remove the arbitration under section 24 of the 1996 Act was dismissed by Popplewell J, [2017] EWHC 565 (Comm), and T was ordered to pay the costs of the appeal. He failed to do so, and the arbitrator then made a further peremptory order requiring T to provide security for the sum in dispute. T failed to do so. The arbitrator then proceeded to make an award on the material before her in accordance with section 41(7), and awarded V and W a total of £955,058 plus costs and interest. T appealed on the ground of serious irregularity under section 68.