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ARTICLE · 02 MARCH 2022

Ovsyankin v Angophora ( [2021] EWHC 3376 (Comm))

Ivanyan and Partners
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Under the Shareholders Agreement, the parties undertook to cooperate in good faith with one another with the aim of selling their respective shareholdings several years later.

United KingdomLitigation, Mediation & Arbitration
James Dingley
James Dingley

England & Wales

Ovsyankin v Angophora: Arbitrators' discretion to explore, invite evidence on, and decide on the basis of, issues that are merely 'in play' confirmed; high threshold for successful challenge to arbitral Awards re-affirmed; RAV Bahamas v Therapy Beach Club cited with approval.

  1. INTRODUCTION

In April 2021, the Judicial Committee of the Privy Council in RAV Bahamas v Therapy Beach Club1 addressed an application to set aside an award in the Bahamas on grounds of "serious irregularity".2 In that case, the Privy Council found that there had been a serious irregularity based on a number of grounds3 and, in doing so, set out guidelines on the manner in which arbitral tribunals should address arguments and evidence presented to them by parties.

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