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11 April 2014
Issue: 7602 / Categories: Case law , Law digest , In Court
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Arbitration

La Societe Pour La Recherche, La Production, Le Transport, La Transformation Et La Commercialisation Des Hydrocarbures S.P.A. v Statoil Natural Gas LLC [2014] EWHC 875 (Comm), [2014] All ER (D) 31 (Apr)

In order to succeed under s 68 of the Arbitration Act 1996, 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). 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 was due process, not the correctness of the tribunal’s decision: see per Hamblen J in Abuja International Hotels v Meridian SAS [2012] EWHC 87 (Comm) at [48] to [49]. The section was designed as a long stop available only in extreme cases where the tribunal had gone so wrong in its conduct of the arbitration that justice called out for it to be corrected.

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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