No serious irregularity following exclusion of factual witness evidence (A v B)

Table of contents

• What are the practical implications of this judgment?
• What was the background?
• What did the court decide?
• Case details

Article summary

Arbitration analysis: Recorder Andrew Singer QC (sitting as a Judge of the Technology and Construction Court (TCC)) dismissed a challenge to an arbitration award on grounds of serious irregularity made pursuant to section 68 of the Arbitration Act 1996 (AA 1996). The judge found that the tribunal’s exclusion of evidence given by one of the claimant’s factual witnesses during examination-in-chief was an exercise in case management by experienced arbitrators in accordance with their own procedural directions which did not amount to any serious irregularity.