Section 68 Challenge: Understanding When A Tribunal Can Disregard A New And Unpleaded Case

This case is a reminder to raise and amend arguments in good time to avoid losing the opportunity to do so

In Seacrest Group Ltd v BCPR Pte Ltd [2025] EWHC 3266 (Comm), the English Commercial Court (Court) dismissed an appeal against an award brought under section 68 of the Arbitration Act 1996 (Act) (section 68 challenge) on the grounds of serious irregularity. Seacrest Group Ltd (Seacrest) alleged that it had suffered "substantial injustice" because the Tribunal had disregarded part of its written closing submissions disputing the correct exchange rate to be applied to the calculation of sums contested (Exchange Rate Issue). Seacrest further sought a declaration that the Tribunal's refusal to correct the Award did not bind the parties and had no legal effect. The Court found that the Tribunal was entitled to disregard the Exchange Rate Issue when making the Award, and that the Tribunal's refusal to correct the Award bound the parties and had legal effect.