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25 October 2013
Issue: 7581 / Categories: Case law , Law digest , In Court
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Arbitration

Primera Maritime (Hellas) Ltd and other companies v Jiangsu Eastern Heavy Industry Co Ltd and another company [2013] EWHC 3066 (Comm), [2013] All ER (D) 172 (Oct)

In order to succeed under s 68 of the Arbitration Act 1996, it was established that an applicant needed to show three things. First, a serious irregularity. Second, a serious irregularity which fell within the closed list of categories in s 68(2) of the Act. Third, that one or more of the irregularities identified caused or would cause the party substantial injustice. The focus of the enquiry under s 68 of the Act was due process, not the correctness of the tribunal’s decision. In cases under s 68(2)(d) of the Act, there were four questions for the court: (i) whether the relevant point or argument was an “issue” within the meaning of the sub-section; (ii) if so, whether the issue was “put” to the tribunal; (iii) if so, whether the tribunal failed to deal with it; and (iv) if so, whether that failure had caused substantial injustice. 

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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