Challenging Award on Grounds of Improprietary

Profilati Italia S.R.L V Painewebber INC And Another QB (COM.CT) Lloyds Law Reports Part 11 [2001] VOL. 1

The unsuccessful claimants applied to set aside an arbitration award, or to remit it to the arbitrators for reconsideration, under section 68 of the Arbitration Act 1996 on the ground that part of it had been procured in a way which was contrary to public policy. They alleged the defendants had wrongly failed to disclose two material documents which would have supported its case and allowed its counsel to make submissions to the tribunal which could not have been made in the same way or with the same force if these documents had been disclosed and therefore to that extent the award was improperly procured because the tribunal was effectively misled.