- AA 1996, ss 68 and 69 challenges and appeals dismissed—relationship between the sections considered where tribunal failure to deal with all issues alleged (A v B)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: This case addresses some controversial questions arising from the sphere of shipping and commodities law. In the course of addressing those questions, Mr Justice Henshaw in the Commercial Court gave guidance as to the court’s approach to challenges and appeals under sections 68 and 69 of the Arbitration Act 1996 (AA 1996), particularly as regards the relationship between the two sections. Henshaw J gave particular consideration to the tests to be applied to determine whether there has been a failure to deal with an issue put to the tribunal within the meaning of AA 1996, s 68, and how this intersects with overlapping questions of law raised as AA 1996, s 69 appeals. Written by Angharad Parry, barrister, at Twenty Essex and counsel to the defendant in this case.
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