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OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Simon Lofthouse QC and Zulfikar Khayum for Lexis®PSL

6th Jul 2020

In “A slip capable of correction or an excess of powers?” Simon Lofthouse QC and Zulfikar Khayum examine the decision in Obrascon Huarte Lain SA (trading as OHL Internacional) v Qatar Foundation for Education, Science and Community Development [2020] EWHC 1643 (Comm) for Lexis®PSL.

In the case, Simon Lofthouse QC and Zulfikar Khayum successfully defeated a challenge to an arbitral award brought by a joint venture contractor in respect of a £1bn claim brought by their client who was the employer under a contract for the construction of a state-of-the-art hospital in Doha. The judgment considers the relationship between Sections 67 and 68(2)(b) of the Arbitration Act 1996 and defines the limits of the permissible challenges which can be raised pursuant to Section 67. The judgment further considers the scope of Article 35 of the ICC Rules and the permissible scope of challenges arising out of a Tribunal’s exercise of any power to correct an award pursuant to a slip rule (or power to interpret) in arbitrations generally.

Click HERE for a copy of the article in pdf form.

This article was first published by Lexis®PSL on 29/06/2020.

 

To view the full judgment of Obrascon Huarte Lain SA (t/a OHL Internacional) & Anor v Qatar Foundation for Education, Science & Community Development [2020] EWHC 1643 (Comm), please click here.

Simon Lofthouse QC and Zulfikar Khayum were instructed by Quinn Emanuel Urquhart & Sullivan LLP for the Defendant.





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