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05 March 2009
Issue: 7359 / Categories: Case law , Law digest
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Arbitration

F Ltd v M Ltd [2009] EWHC 275 (TCC), [2009] All ER (D) 260 (Feb)

The existence of a dissenting opinion on a point of law or fact, arising in connection with an issue that has been pleaded or dealt with by the parties in argument, will be irrelevant to any application under s 68 of the Arbitration Act 1996. The decision of the Arbitral Tribunal on such a point, albeit by a majority rather than unanimously, could not be challenged for serious irregularity in such circumstances.

However, a comment or observation in a dissenting opinion, to the effect that an important point has been decided by the majority without reference to the parties, will be a factor to which the court will attach weight in dealing with an application under s 68 (and may have considerable weight, although it is unlikely that it could, on its own, prove determinative).

Where an argument raised by the dissenting arbitrator has plainly been considered and rejected by the majority, even if it is an argument that the parties did not themselves raise, it may be difficult to say that there was a substantial injustice, since (regardless of how it arose) the argument will have been considered and rejected by the majority.

Issue: 7359 / Categories: Case law , Law digest
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NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

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Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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