Judgment Creditor Successfully Challenges ‘Uncertain' Arbitration Award In The English Court

In the recent case of Xstrata Coal Queensland Pty Ltd v Benxi Iron & Steel (Group) International Economic & Trading Co. Ltd (No. 2)¹, the High Court upheld a challenge to an LCIA arbitration award which was brought under s.68 of the Arbitration Act 1996 (the "Act").

Unusually for an application under s.68 of the Act, the challenge was made by the award creditor (not the award debtor), on the basis that there was uncertainty or ambiguity as to the award's effect as it failed to address an inconsistency as to the identity of one the parties to the arbitration agreement. The case is a rare example of a successful challenge under s.68 of the Act, highlights the importance of ensuring that all parties are correctly and unambiguously identified at an early stage of proceedings so as to head off potential grounds for a post-award challenge and provides valuable guidance as to the calculation of procedural deadlines for challenging an award.