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25 March 2010
Issue: 7410 / Categories: Case law , Law digest
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Arbitration

Buyuk Camlica Shipping Trading and Industry Co Inc v Progress Bulk Carriers Ltd [2010] EWHC 442 (Comm), [2010] All ER (D) 176 (Mar)

There was no duty on a judge, in giving reasons, to deal with every argument presented by counsel in support of his case. The same applied to arbitral tribunals. A failure to deal with an argument was not the necessary equivalent of a failure to deal with an issue under the Arbitration Act 1996, s 68. That section was designed to cover only those essential issues which had been put to the tribunal and which were necessary to be dealt with for a fair decision on the claims.

It did not mean that the tribunal had to decide all issues raised by the parties. The legislative purpose of s 68(2)(b) was to ensure that all crucial issues were dealt with. It might be that certain issues would fall away in the course of a tribunal’s deliberations. The question whether or not the tribunal had failed to deal with an essential issue could not be decided on

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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