Arbitration Law Monthly
Serious irregularity: breach of the rules of natural justice
P (A Company Incorporated in Country A) v D (A Company Incorporated in Country B) and Others [2019] EWHC 1277 (Comm) is one of the comparatively rare cases where a challenge under section 68 of the Arbitration Act 1996, based on the ground of breach of the rules of natural justice, has been upheld.
The errors made by the tribunal were: reliance on the lack of credibility of a key witness when there had been no cross-examination
of that witness on the point; and reliance on a matter not raised by the defendant.