57.12 Substantial injustice

On any application under the Arbitration Act 1996 Section 68 a party must, in addition to proving a serious irregularity1 falling within one of the limbs of Section 68(2)2, show that it has suffered or will suffer ‘substantial injustice’ as a result of that irregularity3. The requirement that there must be substantial injustice is ‘intended to be applied by way of support for the arbitral process, not by way of interference with that process’4. When assessing whether there has been substantial injustice, the court will consider whether there is a

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