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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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