Arbitration Law Monthly
Serious irregularity: exclusion of evidence
In K v S [2019] EWHC 2386 (Comm) Sir Jeremy Cooke, sitting as a High Court Judge, rejected an application under section 68 of the Arbitration Act 1996 to set aside a ruling by the tribunal excluding evidence on a matter raised at a late stage by the appellant. The court found that there was no power to intervene in the making of a procedural order, and that the matter was one for the tribunal alone.
K v S
: the background facts