i-law

Arbitration Law Monthly

Serious irregularity: award on a point not argued
The familiar argument in Ameropa SA v Lithuanian Shipping [2015] EWHC 3847 (Comm) was that the arbitrator, in an arbitration conducted on paper, reached his conclusion by relying on a matter not argued before him. The arbitrator did indeed refer to his own textbook on the subject. Nevertheless, Flaux J was able to decide with relative ease that the arguments put forward formed the basis of the award.
Online Published Date:  17 October 2016

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