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Arbitration Law Monthly

Serious irregularity: failure to deal with issues

In Indus Powertech Inc v Echjay Industries Private Ltd [2026] EWHC 827 (Comm); [2026] 1 Lloyd's Rep 552 Sean O'Sullivan KC, sitting as a Deputy High Court Judge, considered the allegation that the tribunal had failed to deal with two issues presented to it, thereby giving rise to serious irregularity under section 68(2)(d).

The court agreed with the challenge on the facts, but perhaps the most important aspect of the judgment is the very detailed consideration of earlier authorities and principles to be drawn from them.

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