Serious irregularity: unargued point

In Mare Nova Inc v Zhangjiagang Jiushun Ship Engineering Co Ltd [2025] EWHC 223 (Comm); [2025] 1 Lloyd's Rep 245, HHJ Keyser KC overturned an arbitration award for serious irregularity under section 68(2)(a) of the Arbitration Act 1996. The arbitrator had decided the case on a point not argued in the arbitration. The case is of particular interest because the defendant did not appear, and the arbitrator appears to have given effect to a defence not put forward and also not referred to until the award was published.

Mare Nova: the contract