Public policy and failure to deal with all issues

Langley J in Protech Projects Construction (Pty) Ltd v Al-Kharafi & Sons [2005] EWHC 2165 (Comm) was faced with two challenges under s68 of the Arbitration Act 1996 to a series of awards arising out of a construction dispute. The first challenge asserted that the successful party had withheld material facts at the arbitration, and that this amounted to a serious irregularity. The second challenge was to the award of costs. Both challenges were dismissed, Langley J emphasising the exceptional nature of s68, the need to show serious prejudice and the importance of the court being vigilant to ensure that s68 was not used to challenge an award on its merits on what was in reality an error of law.