K v S

K v S

The Tribunal's decision to exclude the expert report was a procedural/case management decision within its powers under section 34, made with due process and after giving K a reasonable opportunity to be heard. There was no failure of procedural fairness or serious irregularity under section 68. Procedural Order 5 was not an award and thus not subject to challenge under section 68.

Parties
Claimant: K; Defendant: S
Jurisdiction
England and Wales
Judgment Date
09 July 2019
Procedural Posture
Arbitration Challenge (section 68 Arbitration Act 1996) / Judgment on Application to Set Aside/remit Procedural Order
Outcome
Application dismissed
Legal Topics
Serious Irregularity, Procedural Fairness, Case Management, Admissibility of Evidence
Arbitration Civil Procedure Serious Irregularity Procedural Fairness Case Management Admissibility of Evidence

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Parties

K

Claimant

S

Defendant

Procedural Posture

Arbitration Challenge (section 68 Arbitration Act 1996) / Judgment on Application to Set Aside/remit Procedural Order

Legal Issues

  1. 1 Whether the Tribunal's exclusion of an expert report constituted a serious irregularity under section 68 of the Arbitration Act 1996
  2. 2 Whether Procedural Order 5 was an award capable of challenge under section 68
  3. 3 Whether there was a failure of due process or procedural fairness

Ratio Decidendi

The Tribunal's decision to exclude the expert report was a procedural/case management decision within its powers under section 34, made with due process and after giving K a reasonable opportunity to be heard. There was no failure of procedural fairness or serious irregularity under section 68. Procedural Order 5 was not an award and thus not subject to challenge under section 68.

Court Disposition

Application dismissed