Commentary

57.6 Failure by arbitral tribunal to deal with all the issues put to it

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

57.6 Failure by arbitral tribunal to deal with all the issues put to it

| Commentary

57.6 Failure by arbitral tribunal to deal with all the issues put to it1

In order to succeed in a challenge under this head, a party must establish that the arbitral tribunal failed to deal at all with a fundamental issue that was essential to its decision2.

In light of the court’s power to order a tribunal to state the reasons for its award3, applications under this ground are reserved only for extreme cases4. A ‘wholesale failure to deal with an important issue’5, which would justify a challenge under this head, is not the same as a failure to set out

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial