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Serious irregularity: arguments not presented by the parties

Arbitration Law Monthly

Serious irregularity: arguments not presented by the parties

K v A [2019] EWHC 1118 (Comm), a decision of Popplewell J, is one of the relatively few cases in which an award has been remitted for serious irregularity under section 68 of the Arbitration Act 1996. The issue here was reliance by the tribunal on an argument not presented in the arbitration and therefore not responded to by the complainant against the award.

K v A :the facts

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