Arbitration Law Monthly

Section 68(2)(d) of the Arbitration Act 1996 provides that an award can be set aside for serious irregularity where a tribunal has failed “to deal with all the issues that were put to it”. In Orascom TMT Investments Sarl v VEON Ltd [2018] EWHC 985 (Comm) the argument before Andrew Baker J was that the tribunal had failed to consider evidence of Italian law on a matter directly relevant to the dispute between the parties.

In China Export & Credit Insurance Corporation v Emerald Energy Resources Ltd [2018] EWHC 1503 (Comm) an application was made for a stay of judicial proceedings commenced under a non-exclusive jurisdiction clause nominating the English courts. The respondent’s argument in favour of a stay was that the parties had agreed to arbitrate disputes under earlier arrangements between them.