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11 November 2008
Issue: 7349 / Categories: Case law , Procedure & practice , Law digest
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Arbitration

Van der Giessen-De-Noord Shipbuilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm), [2008] All ER (D) 284 (Nov)

The power to set aside an award in whole or in part is to be used sparingly. It is not available simply because the tribunal has made a mistake, whether of fact or law; or because the arbitrators did not deal with all the points made or arguments advanced or did not set out each step by which they reached their conclusion.

Nor are arbitrators required to forsake brevity in order to avoid a charge of failure of duty, even if the parties made many different points in relation to each claim.

The court will, however, exercise its power if the tribunal has behaved unfairly in a way that has caused substantial injustice. It is likely to be a serious irregularity under s 68 of the Arbitration Act 1996 for the tribunal to fail to deal with all essential issues. But it may do so concisely. A failure to deal with an issue is not the same as a failure to set out the reasoning for rejecting a particular argument. Such a failure is remediable under s 70(4).

Issue: 7349 / Categories: Case law , Procedure & practice , Law digest
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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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