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16 October 2008
Issue: 7341 / Categories: Case law , Procedure & practice , Law digest , Arbitration
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Arbitration

O’Donoghue v Enterprise Inns plc [2008] EWHC 2273 (Ch), [2008] All ER (D) 43 (Oct)

For an application under s 68 of the Arbitration Act 1996 to succeed, there must be a serious irregularity. The serious irregularity must fall within one of the classes set out in s 68(2).

Furthermore, it has to be such that it will cause (or has caused) substantial injustice to the applicant. Substantial injustice can only be demonstrated where what has happened simply cannot be defined as an acceptable consequence of the choice that the parties made to arbitrate.

An aggrieved party in an arbitration must raise any objections to the arbitration or the award forthwith; in this context “forthwith” means as soon as reasonably possible (and so involves raising an objection immediately following a procedural ruling).
 

MOVERS & SHAKERS

Charles Russell Speechlys—Nadim Meer

Charles Russell Speechlys—Nadim Meer

Private equity specialist joins corporate team as partner

Mayo Wynne Baxter—Belinda Mercer & Rohit Walia

Mayo Wynne Baxter—Belinda Mercer & Rohit Walia

Firm strengthens employment team with two solicitor appointments

NLJ Career Profile: Maynard Burton, High Sheriff of Worcestershire

NLJ Career Profile: Maynard Burton, High Sheriff of Worcestershire

After more than four decades in law, former mfg Solicitors chairman Maynard Burton reflects on leadership and his new role as High Sheriff of Worcestershire

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