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11 November 2008
Issue: 7349 / Categories: Case law , Procedure & practice , Law digest
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Arbitration

Van der Giessen-De-Noord Shipbuilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm), [2008] All ER (D) 284 (Nov)

The power to set aside an award in whole or in part is to be used sparingly. It is not available simply because the tribunal has made a mistake, whether of fact or law; or because the arbitrators did not deal with all the points made or arguments advanced or did not set out each step by which they reached their conclusion.

Nor are arbitrators required to forsake brevity in order to avoid a charge of failure of duty, even if the parties made many different points in relation to each claim.

The court will, however, exercise its power if the tribunal has behaved unfairly in a way that has caused substantial injustice. It is likely to be a serious irregularity under s 68 of the Arbitration Act 1996 for the tribunal to fail to deal with all essential issues. But it may do so concisely. A failure to deal with an issue is not the same as a failure to set out the reasoning for rejecting a particular argument. Such a failure is remediable under s 70(4).

Issue: 7349 / Categories: Case law , Procedure & practice , Law digest
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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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