Waller LJ in The Magdalena Oldendorff [2008] 1 Lloyd’s Rep. 7 at para 42 stated as follows:
If an arbitrator appreciates that a party has missed a point then fairness requires the arbitrator to raise it so that the party can deal with it.Per Coulson J in F Ltd. v M Ltd. [2009] 1 Lloyd’s Rep. 537 at para 33:
It is not, I think, for the arbitral tribunal to hunt through the contract and find other ways in which the claimant's claim might be put, and then offer the claimant a further opportunity to make submissions on any provision thereby identified. In an adversarial system it is for the claimant to identify the ways in which it puts its case.
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