Public policy and failure to deal with all issues
Language: English Series: Arbitration Law Monthly ; 6(4) April 2006, 6-7(2)Publication details: 2006Subject(s): Summary: In "Protech Projects Construction (Pty) Ltd v Al-Kharafi and Sons" ([2005] EWHC 2165 (Comm), unreported), two challenges were raised under the Arbitration Act 1996 s68 to a series of awards arising out of a construction dispute. The first challenge was an assertion that the successful party had withheld material facts at the arbitration, amounting to a serious irregularity; the second challenge was on the award of costs. Both challenges were dismissed. The court emphasised that serious prejudice had to be shown for a claim under s68 to be successful, and reiterated that it would not allow that section to be used to challenge an award on its merits on what was in reality an error of law.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L133114 (Browse shelf(Opens below)) | 1 | Available | 133114-1001 |
In "Protech Projects Construction (Pty) Ltd v Al-Kharafi and Sons" ([2005] EWHC 2165 (Comm), unreported), two challenges were raised under the Arbitration Act 1996 s68 to a series of awards arising out of a construction dispute. The first challenge was an assertion that the successful party had withheld material facts at the arbitration, amounting to a serious irregularity; the second challenge was on the award of costs. Both challenges were dismissed. The court emphasised that serious prejudice had to be shown for a claim under s68 to be successful, and reiterated that it would not allow that section to be used to challenge an award on its merits on what was in reality an error of law.