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United Kingdom serious irregularitysection 68failure to deal with issue

Petrochemical Industries v Dow Chemical

Petrochemical Industries Company (KSC) v The Dow Chemical Company [2012] EWHC 2739 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division, Commercial Court
Year2012
StatusBinding authority

Key Principle

A challenge under section 68(2)(d) of the Arbitration Act 1996 for failure to deal with an issue succeeds only where the tribunal has failed to deal with an issue essential to its decision; the section sets a high threshold and is not a means of reviewing the tribunal's reasoning, and relief additionally requires substantial injustice.

Area of Law

General

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