Court dismisses section 68 challenge to ICC award alleging tribunal's inappropriate use of its own quantum model (English Commercial Court) | Practical Law

Court dismisses section 68 challenge to ICC award alleging tribunal's inappropriate use of its own quantum model (English Commercial Court) | Practical Law

In LMH v EGK [2023] EWHC 1832 (Comm), the English Commercial Court dismissed a challenge to an ICC award under section 68 of the Arbitration Act 1996, in part because the claimant failed to exhaust arbitral remedies before bringing its challenge. The court also found that there was no merit in the claimant's complaints about the way in which the tribunal had dealt with an issue of causation, an alleged agreement on a point of law and the use of its own quantum calculation to determine damages.

Court dismisses section 68 challenge to ICC award alleging tribunal's inappropriate use of its own quantum model (English Commercial Court)

Published on 20 Jul 2023England, Wales
In LMH v EGK [2023] EWHC 1832 (Comm), the English Commercial Court dismissed a challenge to an ICC award under section 68 of the Arbitration Act 1996, in part because the claimant failed to exhaust arbitral remedies before bringing its challenge. The court also found that there was no merit in the claimant's complaints about the way in which the tribunal had dealt with an issue of causation, an alleged agreement on a point of law and the use of its own quantum calculation to determine damages.