Serious irregularity: award on a point not argued

The familiar argument in Ameropa SA v Lithuanian Shipping [2015] EWHC 3847 (Comm) was that the arbitrator, in an arbitration conducted on paper, reached his conclusion by relying on a matter not argued before him. The arbitrator did indeed refer to his own textbook on the subject. Nevertheless, Flaux J was able to decide with relative ease that the arguments put forward formed the basis of the award.

Ameropa : the facts