Deciding issues not before the tribunal

Arbitrators are entitled to rule only on the issues put to them. If the arbitrators chose to deal with matters which have not been fully argued then they are on the face of things in breach of their duty to afford the parties a full and fair hearing. In BTC Bulk Transport Corporation v Glencore International AG [2006] EWHC 1957 (Comm) Cooke J was satisfied that the arbitrators had acted unfairly by coming to a final conclusion on a matter in dispute between the parties, even though the parties’ arguments had been addressed to the lesser question of whether there was a case to answer.