In Aston Martin MENA Ltd v Aston Martin Lagonda Ltd [2025] EWHC 2531 (Comm), the Commercial Court (Mr Justice Bright) considered a rare appeal on a point of law from an arbitral award under s.69 of the Arbitration Act 1996.
The underlying arbitration related to certain terms of a Distribution Agreement entered into between the parties which appointed Aston Martin MENA Ltd (‘AMMENA’) the exclusive distributor for the sale of Aston Martin Vehicles Lagonda Ltd (‘AML’) in the Middle East, North Africa and Turkey.
AMMENA was granted permission to appeal under s69(3) of the Arbitration Act (by Mr Justice Robin Knowles) on the basis that the Tribunal’s decision appeared to be ‘obviously wrong’ on a point of contractual interpretation. On hearing the substantive appeal, the Commercial Court held that it was simply for the court to determine the relevant question of law. Contrary to the submissions made by AML, the threshold question necessary for permission of whether the Tribunal’s decision appeared to be ‘obviously wrong’ was not to be revisited.
The decision is also notable for the level of deference given to the Tribunal’s overall assessment of the factual matrix relevant to contractual interpretation even where the threshold condition for permission has been met.
A copy of the judgment is available here.
Jeff Chapman KC, Samuel Ritchie and Ruth Flame acted for AMMENA, instructed by Ben Trust and Anuj Moudgil at CMS Cameron McKenna Olswang LLP.
