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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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