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Arbitration – Evidence. In the course of proceedings concerning damage suffered to a cargo of rice, a preliminary issue arose and the arbitrators made an award against the claimant. The claimant challenged the award under s 67 of the Arbitration Act 1996. The question arose as to whether the claimant was limited to the evidence that had been before the arbitrators, or whether it was entitled to adduce further evidence. The Commercial Court provided guidance, and held that the claimant would not be permitted to rely on the new evidence which it sought to adduce.
Arbitration – Evidence. In the course of proceedings concerning damage suffered to a cargo of rice, a preliminary issue arose and the arbitrators made an award against the claimant. The claimant challenged the award under s 67 of the Arbitration Act 1996. The question arose as to whether the claimant was limited to the evidence that had been before the arbitrators, or whether it was entitled to adduce further evidence. The Commercial Court provided guidance, and held that the claimant would not be permitted to rely on the new evidence which it sought to adduce.
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