Serious irregularity: overlooked issues

It is sometimes alleged that it is serious irregularity justifying the overturning of an award under section 68 of the Arbitration Act 1996 for an arbitral tribunal not to deal with a point that has arisen in the arbitration even though no reference has been made to it in the course of argument. This proposition amounts to a suggestion that the tribunal must draw the attention of a party to an advantageous point. It is disputed whether the arbitrators have any duty in this regard.

An allegation of this type, made in Larus Australia v Agrocorp International [2015] EWHC 3774 (Comm), was dismissed by Knowles J on the facts, and the wider issue of principle was not determined.