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serious irregularityreasonssection 68
Morison J in Fidelity Management SA v Myriad International Holdings BV
Fidelity Management SA v Myriad International Holdings BV [2005] EWHC 1193 (Comm)
Key Principle
Under section 68(2)(d) of the Arbitration Act 1996 a tribunal commits a serious irregularity if it fails to deal with an issue that was put to it; an 'issue' for this purpose is a matter the resolution of which is essential to the decision, and a failure to deal with such an issue is to be distinguished from a failure to give adequate reasons or to address every argument.
Area of Law
General
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