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United Kingdom
serious irregularityfailure to deal with issuescharterparty
Shipping Trading & Industry Co Inc v Progress Bulk Carriers Ltd
[2010] EWHC 442 (Comm)
Key Principle
Under s.68(2)(d) of the Arbitration Act 1996, where the determination of an issue is essential (crucial) to the result of an arbitration, the tribunal is bound to deal with it and to make evident in its award or reasons that it has done so, however unmeritorious the argument may be; a failure to do so causing substantial injustice is a serious irregularity warranting remission of the award.
Area of Law
General
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