The court will, however, exercise its power if the tribunal has behaved unfairly in a way that has
caused substantial injustice.
Second, a party may challenge an award on the basis of a serious irregularity affecting the tribunal, the proceedings, or the award, which has the effect of
causing substantial injustice to the applicant (section 68).
Not exact matches
There are two limbs to a challenge under section 68: the applicant must show both «serious irregularity» and that «
substantial injustice» was
caused thereby.
Having shown that a serious irregularity has occurred, a party must then show that
substantial injustice was
caused thereby.