Arbitration Law Monthly
Serious irregularity: failure to deal with all issues
Section 68(2)(d) of the Arbitration Act 1996 provides that an award can be set aside for serious irregularity where a tribunal has failed “to deal with all the issues that were put to it”. In Orascom TMT Investments Sarl v VEON Ltd [2018] EWHC 985 (Comm) the argument before Andrew Baker J was that the tribunal had failed to consider evidence of Italian law on a matter directly relevant to the dispute between the parties.
Orascom
: the facts