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To embed, copy and paste the code into your website or blog: In a rare successful challenge to an arbitration award under section 68 of the Arbitration Act 1996, the Commercial Court remitted parts of an award for reconsideration by the tribunal. 1 The Court found that a computational error in the award - which had been admitted by the tribunal - amounted to a serious irregularity which caused or would cause substantial injustice to the applicant. Background The case arose out of a dispute between two Russian individuals: Mr Bogatikov, owner of Doglemor Trade Limited ( Doglemor ), the ultimate holding company of a Russian logistics and haulage business called the Business Lines Group (collectively referred to in the judgment as the ....
Application to Tribunal under Article 27(1) of the LCIA Rules In January 2020, the Doglemor parties made an application to the tribunal under Article 27(1) of the LCIA Rules requesting that the tribunal correct its mistake. Under Rule 27(1) of the LCIA Rules, a party may request that an arbitral tribunal correct “any error in computation, any clerical or typographical error, any ambiguity or any mistake of a similar nature” in an award. In its response, the tribunal conceded that it had made such an error and acknowledged that the Agreed Model contained an express instruction in respect of the historic tax liabilities to “enter a negative value” which the tribunal had mistakenly overlooked. ....