Bandwidth Shipping Corpn v Intaari – WLR Daily

Posted October 22nd, 2007 in arbitration, law reports by sally

Bandwidth Shipping Corpn v Intaari [2007] EWCA CIV 998

An application under s 68 of the Arbitration Act 1996 to remit an arbitration award on the grounds of the tribunal’s unfairness faced a high hurdle. If an arbitrator appreciated that a party had missed a point then fairness required the arbitrator to raise it so that the party could deal with it. But where there was no such appreciation it was not unfair to leave it to counsel, particularly highly experienced counsel who showed a detailed knowledge of the case, to take such points as he wished.”

WLR Daily, 22nd October 2007


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