Andrew Butler has won a resounding victory in a case concerning the conduct of an arbitration.
The case arose in the context of the dissolution of a partnership. The Deed of Partnership provided that disputes should be referred to an arbitrator. The partners could not agree the respective shares in the partnership property and a reference was duly made. Following an award (and in accordance with it), the partnership property was sold and an account taken. Much later, the unsuccessful partner sought to unravel the sale process on the basis of perceived irregularities and obtained an award to that effect. Andrew’s client brought a challenge to that later award in the Chancery Division, citing lack of jurisdiction and procedural unfairness. Judgment was given on 25th November 2013. The claim succeeded in front of the Judge on both grounds, and Andrew’s client obtained an order for indemnity costs.
The case, Ali –v- Khan and another, demonstrates the strict limitations which statute places on the powers of an arbitrator. It is hoped that a transcript of the decision will be available on-line in the near future. Andrew represented the successful Claimant; David Holland QC of Landmark Chambers represented the unsuccessful Defendant.