Imperfection is not serious irregularity under s 68 Arbitration Act 1996 (PIC v Dow)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment
• Was there an issue?
• Was it put to the tribunal?
• Did the tribunal fail to deal with it?
• Was substantial injustice caused?
• Breach of general duty (AA 1996, s33)

Article summary

The Commercial Court considered an application under s 68 Arbitration Act 1996 that the tribunal had failed to deal with an issue put to it and that this constituted a serious irregularity causing substantial injustice. Mr Justice Andrew Smith dismissed the application finding that there was an issue, as opposed to a question or argument, it had been put to the tribunal, despite not being listed in the agreed list of issues, and that the tribunal had dealt with it in one sentence of the award being challenged.