The plaintiff applied to set aside three arbitral awards. The first was awarded on the merits which was challenged on the basis that the arbitrator had totally failed to consider or understand the plaintiff’s evidence and submissions and therefore, there was a breach of natural justice which prejudiced the plaintiff. The second and third arbitral awards were challenged on the basis that both had been made functus officio – the arbitrator had dealt with the issue of costs in the first arbitral award, but realised he had mistakenly done so and therefore withdrew it in the second arbitral award, and later issued a third arbitral award to deal with costs.
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