Remedy for serious irregularity: failure to deal with all issues

Two decisions of Akenhead J, Secretary of State for the Home Department v Raytheon Systems Ltd [2014] EWHC 4375 (TCC), and Secretary of State for the Home Department v Raytheon Systems Ltd (No 2) [2015] EWHC 311 (TCC), shed a good deal of light on the operation of section 68 of the Arbitration Act 1996 where it is alleged that the arbitrators have failed to decide all of the issues put to them.

The first decision, a lengthy, complex and essentially factual dispute about what was put to the arbitrators and what they decided, contains an exemplary statement and application of the principles which govern section 68(2)(d). The second judgment breaks new ground by considering in detail the appropriate remedy where the tribunal has gone so wrong that the award is beyond redemption.