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25 October 2013
Issue: 7581 / Categories: Case law , Law digest , In Court
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Arbitration

Primera Maritime (Hellas) Ltd and other companies v Jiangsu Eastern Heavy Industry Co Ltd and another company [2013] EWHC 3066 (Comm), [2013] All ER (D) 172 (Oct)

In order to succeed under s 68 of the Arbitration Act 1996, it was established that an applicant needed to show three things. First, a serious irregularity. Second, a serious irregularity which fell within the closed list of categories in s 68(2) of the Act. Third, that one or more of the irregularities identified caused or would cause the party substantial injustice. The focus of the enquiry under s 68 of the Act was due process, not the correctness of the tribunal’s decision. In cases under s 68(2)(d) of the Act, there were four questions for the court: (i) whether the relevant point or argument was an “issue” within the meaning of the sub-section; (ii) if so, whether the issue was “put” to the tribunal; (iii) if so, whether the tribunal failed to deal with it; and (iv) if so, whether that failure had caused substantial injustice. 

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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