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Arbitration

16 October 2008
Issue: 7341 / Categories: Case law , Procedure & practice , Law digest , Arbitration
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O’Donoghue v Enterprise Inns plc [2008] EWHC 2273 (Ch), [2008] All ER (D) 43 (Oct)

For an application under s 68 of the Arbitration Act 1996 to succeed, there must be a serious irregularity. The serious irregularity must fall within one of the classes set out in s 68(2).

Furthermore, it has to be such that it will cause (or has caused) substantial injustice to the applicant. Substantial injustice can only be demonstrated where what has happened simply cannot be defined as an acceptable consequence of the choice that the parties made to arbitrate.

An aggrieved party in an arbitration must raise any objections to the arbitration or the award forthwith; in this context “forthwith” means as soon as reasonably possible (and so involves raising an objection immediately following a procedural ruling).
 

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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