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Serious irregularity: substantial injustice

Arbitration Law Monthly

Serious irregularity: substantial injustice

In RAV Bahamas Ltd and Another v Therapy Beach Club Inc (Bahamas) [2021] UKPC 8 the Privy Council heard an appeal from the Court of Appeal of the Bahamas. The local legislation, section 90 of the Arbitration Act 2009, is – as far as serious irregularity is concerned – all but identical to section 68 of the English Arbitration Act 1996. The decision is important in its discussion of the relationship between the twin requirements of serious irregularity and substantial injustice caused by it.

Therapy Beach Club : the facts

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