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Arbitration

07 January 2010
Issue: 7399 / Categories: Case law , Law digest
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Double K Oil & Products 1996 Ltd v Neste Oil OYJ [2009] EWHC 3380 (Comm), [2009] All ER (D) 214 (Dec)

In accordance with the high threshold applicable to the Arbitration Act 1996, s 68 it was not enough in an application under s 68(2)(g) to show that one party had inadvertently misled the other, however carelessly. It would normally be necessary to satisfy the court that some form of reprehensible or unconscionable conduct had contributed in a substantial way to the obtaining of the award.

A challenge to an award could not, therefore, be made on the ground of an innocent failure to give proper disclosure, or the innocent production of false evidence. Where the allegation was fraud in the production of evidence, the onus was on the applicant to make good the allegation by cogent evidence. The applicant would have to show that the new evidence relied upon to demonstrate the fraud was not available at the time of the arbitration and would have had an important influence on the result.

The latter point (important influence

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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