Summary

OVERVIEW

The Plaintiffs (collectively "Jubilant") seek the annulment of a partial arbitral award dated September 16, 2025 (the "Award") rendered by the mis en cause Mtre. Jacques R. Fournier, acting as sole arbitrator (the "Arbitrator"). The Award only addressed liability and related issues, as the parties agreed that issues relating to quantum would be dealt with in a second phase of the arbitration. The arbitration was conducted under the Arbitration Rules of the International Court of Arbitration ("ICC Rules").

Jubilant contends that the Award should be annulled because the arbitration was allegedly "riddled with a sustained denial of Plaintiffs' right to be heard, repeated failures to apply the parties' agreed procedural framework, refusals to adjudicate live and properly articulated claims, and a consistent pattern of unequal treatment that privileged Defendant's position while sidelining Plaintiffs', culminating in a reasonable and objective apprehension of bias on the part of the" Arbitrator.

Jubilant also contends that the Arbitrator's conduct during the arbitral proceedings, viewed holistically, gives rise to a reasonable apprehension of bias on his part.

For the reasons that follow, the Court disagrees with Jubilant's assertions and dismisses the Application to annul the Award, as Jubilant failed to discharge its burden to show any valid reason that could justify the annulment sought.

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