Commentary

67.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

67.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

| Commentary

67.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case1

This ground for resisting enforcement of a New York Convention2 award requires that the respondent has been prevented from presenting its case by matters outside its control, and will cover violations of due process that are contrary to natural justice3. The standard applied will be that of the English courts4. The court has found a violation of due process and refused enforcement where the tribunal:

  1. 67.4.1

        relied on evidence that had not been

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