"And Bad Mistakes, I've Made A Few…" (Apologies To Queen)

Overview

Sir Ross Cranston commences his reasons in the case of Doglemore Trade Ltd v. Caledor Consulting Ltd [2020] EWHC 3342 (Comm), by quoting Sir John Donaldson MR in The Montan: "[M]istakes will occur even in the practices of the best of arbitrators". While unfortunate, mistakes can occur. In such cases, one can seek relief from the tribunal or the courts. The mistake in Doglemore Trade Ltd v. Caledor Consulting Ltd, although seemingly obvious, required an application to the courts for relief.

The Mistake

The facts of the case are straightforward. Caledor Consulting Ltd (Caledor) was, under a call option deed, given an option to purchase 30 per cent of the shares in a company by Doglemore Trade Ltd (Doglemore) for US$60 million. The call option deed was exercisable within two years from the end of February 2018. Governed by English law, the call option deed provided for disputes to be resolved by the London Court of International Arbitration (LCIA). A