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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

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