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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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