Sumukan Ltd v Commonwealth Secretariat (No 2) – WLR Daily

Posted November 19th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2) [2007] EWCA Civ 1148

“Where a contract contained a clause expressly providing for arbitration before a tribunal established according to the defendant’s rules, and one of the arbitrators was not validly appointed under those rules, the non-compliance rendered that arbitrator’s participation unlawful and the award a nullity. If the claimant could not with reasonable diligence have discovered the lack of validity within s 73 of the Arbitration Act 1996, the arbitrators lacked substantive jurisdiction under s 67 of the 1996 Act and the award would be set aside.”

WLR Daily, 16th November 2007


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