The Court’s jurisdiction under Section 68
The Court’s jurisdiction under Section 68
The jurisdiction to intervene where there has been serious irregularity
Section 68 of the Act provides, in relevant part, as follows:
“(1) A party to arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court challenging an award in the proceedings on the ground of serious irregularity affecting the tribunal, the proceedings or the award.
A party may lose the right to object (see section 73) and the right to apply is subject to the restrictions in section 70(2) and (3).
(2) Serious irregularity means an irregularity of one or more of the following kinds which the court considers has caused or will cause substantial injustice to the applicant –
(a) failure by the tribunal to comply with section 33 (general duty of tribunal)…
(d) failure by the tribunal to deal with all the issues that were put to it…”
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