||All England Reporter
|| All ER (D) 94 (Nov)
||Simon Croall (instructed by Waterson Hicks) for the claimants.
||Arshad Gaffer (instructed by Shaw Lloyd & Co) for the defendants.
||7 November 2002
Arbitration - Award - Setting aside award - Serious irregularity - Test for serious irregularity - s 68.
Applications under s68 of the involved a two stage investigation: first, asking whether there had been an irregularity of at least one of the nine kinds identified in s68(2)(a) to (i), and secondly, asking whether the incidence of such irregularity had caused or would cause substantial injustice. With respect to the first stage, the duty to act fairly was quite distinct from the autonomous power of the arbitrators to make findings of fact.
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