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serious irregularitysection 57section 68
Torch Offshore v. Cable Shipping
Torch Offshore LLC v Cable Shipping Inc [2004] EWHC 787 (Comm)
Key Principle
For the purposes of sections 57 and 68(2)(d) of the Arbitration Act 1996, a 'claim' (a head of remedy) must be distinguished from an 'issue' (part of the reasoning process by which a claim is decided); section 57(3)(b) permits correction only of unaddressed claims, while a failure to decide an essential issue may amount to a serious irregularity under section 68(2)(d).
Area of Law
General
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