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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

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

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