Serious irregularity: failure to deal with all issues

In Petrochemical Industries Co (KSC) v The Dow Chemical Co [2012] EWHC 2739 (Comm) a challenge to an award was brought before Andrew Smith J on the primary ground that the arbitrators had failed to consider a key issue put to them, contrary to section 68(2)(d) of the Arbitration Act 1996. The application was rejected on its facts, but the judgment contains useful analysis on the proper construction of section 68(2)(d) and indeed the unfairness ground of challenge in section 68(2)(a) of the 1996 Act.

PIC v Dow : the facts