Commentary

58.6 Question which the tribunal was asked to determine

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

58.6 Question which the tribunal was asked to determine

| Commentary

58.6 Question which the tribunal was asked to determine

In considering whether the question of law ‘is one which the tribunal was asked to determine’1, it has been held to be sufficient that the question was ‘fairly and squarely before the Arbitrator, whether or not it was actually articulated as a question of law’2. It has also been held that it does not matter whether the question of law was specifically argued3, provided that it arises out of the award and was ‘integral to the resolution of the dispute’ that was argued before the

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