Serious irregularity: undisclosed evidence

One of the clearest ways in which an arbitrator can fail to hold a fair hearing, in breach of section 33 of the Arbitration Act 1996 and leading to serious irregularity under section 68, is for the arbitrator to take into account evidence upon which one or both parties have not had the chance to comment.

In Fleetwood Wanderers Ltd v AFC Fylde Ltd [2018] EWHC 3318 (Comm) HHJ Halliwell remitted an award on the ground that the arbitrator had taken evidence from a third source without informing the parties, and had relied upon that evidence to reach his award.