Serious irregularity: overlooked issues
It is sometimes alleged that it is serious
irregularity justifying the overturning of an award under section 68 of the
Arbitration Act 1996 for an arbitral tribunal not to deal with a point that has
arisen in the arbitration even though no reference has been made to it in the
course of argument. This proposition amounts to a suggestion that the tribunal
must draw the attention of a party to an advantageous point. It is disputed
whether the arbitrators have any duty in this regard.
An allegation of this type, made in Larus Australia v Agrocorp International
 EWHC 3774 (Comm), was dismissed by
Knowles J on the facts, and the wider issue of principle was not determined.
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