Serious irregularity: adhering to the parties’ agreement

Section 68(2)(b) and (c) of the Arbitration Act 1996 require an arbitral tribunal to act within its powers and to conduct the arbitration in accordance with the agreement of the parties. In Stockman Interhold SA v Arricano Real Estate plc [2015] EWHC 2979 (Comm) the primary allegation against a sole arbitrator was that, contrary to what had been agreed by the parties, he failed to regard himself as bound by the findings in an earlier arbitration between the parties in which he had participated as chairman of the tribunal. 

Burton J found on the facts that the arbitrator had done nothing wrong.