Arbitrator's Error Not His Fault
Bandwidth Shipping Corpn v Intaari [2007] EWCA Civ 998
CA
17 October 2007
Weekly Law Notes Summary
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.