Star Hydro Power Ltd v National Transmission and Despatch Company Ltd 2025 EWCA Civ 928 - 24 July 2025
Country
Year
2025
Summary
Introduction
These are the grounds of my decision dismissing the claimant's application to challenge an arbitrator for apparent bias. This challenge application was brought after my earlier decision (as between the same parties) that apparent bias was a hopeless basis on which to set aside a partial award in the arbitration.
Background
The Arbitration and the First Partial Award
The claimant ("Contractor") and respondent ("Sub-Contractor") are involved in a Singapore-seated ICC arbitration ("the Arbitration"), with a three-member arbitral tribunal ("the Tribunal"). The Tribunal issued a First Partial Award on 19 June 2024 to which some corrections were made on 9 October 2024.
Arbitration - Challenge against arbitrator - Apparent bias - Res Judicata - Issue estoppel - UNCITRAL Model Law on International Commercial Arbitration, International Arbitration Act 1994 ("IAA")
