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16 November 2012
Issue: 7538 / Categories: Case law , Law digest , In Court
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Arbitration

Petrochemical Industries Company (KSC) v Dow Chemical Company [2012] EWHC 2739 (Comm), [2012] All ER (D) 83 (Nov)

It was an established principle that it was not sufficient for an arbitral tribunal to deal with crucial issues in pectore, such that the parties were left to guess at whether a crucial issue had been dealt with or had been overlooked: the legislative purpose of s 68(2)(d) of the Arbitration Act 1996 (AA 1996) was to ensure that all the issues, the determination of which were crucial to the tribunal’s decision, were dealt with and that could only be achieved, in practice, if it was made apparent to the parties (normally from the award or reasons) that those crucial issues had indeed been determined. It was also settled law that the assertion that the arbitrator had failed to take any or proper consideration of the evidence could, in an exceptional case, give rise to a challenge under s 68 of AA 1996, based on the general duty of an arbitrator under s 33 of AA 1996 if, for example, an arbitrator had genuinely overlooked evidence that had really mattered

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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

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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