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Arbitration – Award. The claimant brought an application under s 68 of the Arbitration Act 1968 claiming that there had been a serious procedural irregularity in the arbitral award made. The Technology and Construction Court held that a tribunal generally had a discretion as to whether it determined that alternative case if it found that the primary case was established and on that basis there had not been a serious irregularity affecting the proceedings or the award within the meaning of ss 68(2)(a), (c) or (d) of the Act.
Arbitration – Award. The claimant brought an application under s 68 of the Arbitration Act 1968 claiming that there had been a serious procedural irregularity in the arbitral award made. The Technology and Construction Court held that a tribunal generally had a discretion as to whether it determined that alternative case if it found that the primary case was established and on that basis there had not been a serious irregularity affecting the proceedings or the award within the meaning of ss 68(2)(a), (c) or (d) of the Act.
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