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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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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