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Serious irregularity: failure to deal with all issues

Arbitration Law Monthly

Serious irregularity: failure to deal with all issues

In Symbion Power LLC v Venco Imtiaz Construction Co [2017] EWHC 348 (TCC) Jefford J had to determine whether the arbitration tribunal had failed to deal with all the issues that were put to it so that the award should be set aside or varied on the grounds of serious irregularity under section 68(2)(d) of the Arbitration Act 1996.

Her decision recognised that it is only in limited circumstances that the courts will interfere with arbitration awards on the basis that the tribunal failed to deal with issues, and also contains interesting observations on both the propriety of private communication between a party-appointed arbitrator and that party’s counsel in the arbitration, and also the question of whether her judgment should be anonymised. The case is discussed by Pippa Manby of 4 New Square.

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