Obtaining an award by non-disclosure of documents

Section 68(2)(g) of the Arbitration Act 1996 permits a court to overturn an arbitration award in the event of serious irregularity which has caused substantial injustice and which has resulted in an award procured by fraud or contrary to public policy. In Profilati Italia Srl v PaineWebber Inc [2001] Lloyd’s Rep 715 Moore-Bick J considered the application of this head of challenge in the case of an award which had been obtained, according to the applicant, by the withholding of material evidence by the defendant.