Serious irregularity: breach of the rules of natural justice

The allegation in Obrascon Huarte Lain SA v Qatar Foundation for Education, Science & Community Development [2019] EWHC 2539 (Comm) was that the arbitral tribunal had decided the case on an argument not put to it, and thereby deprived the appellant of a fair hearing contrary to section 33 of the Arbitration Act 1996. As will be seen Carr J rejected that analysis of the award and refused to remit or vary the award under section 68(2)(a) of the Arbitration Act 1996.

Obrascon : the facts