header-logo header-logo

25 March 2010
Issue: 7410 / Categories: Case law , Law digest
printer mail-detail

Arbitration

Buyuk Camlica Shipping Trading and Industry Co Inc v Progress Bulk Carriers Ltd [2010] EWHC 442 (Comm), [2010] All ER (D) 176 (Mar)

There was no duty on a judge, in giving reasons, to deal with every argument presented by counsel in support of his case. The same applied to arbitral tribunals. A failure to deal with an argument was not the necessary equivalent of a failure to deal with an issue under the Arbitration Act 1996, s 68. That section was designed to cover only those essential issues which had been put to the tribunal and which were necessary to be dealt with for a fair decision on the claims.

It did not mean that the tribunal had to decide all issues raised by the parties. The legislative purpose of s 68(2)(b) was to ensure that all crucial issues were dealt with. It might be that certain issues would fall away in the course of a tribunal’s deliberations. The question whether or not the tribunal had failed to deal with an essential issue could not be decided on the basis of whether or not the issue had any

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll