Serious irregularity: evidence not referred to

In Livian GmbH v Elekta Ltd and Another [2022] EWHC 757 (Comm) HHJ Pelling QC considered conflicting approaches in English cases to the question whether an award could be challenged for serious irregularity under section 68(2)(a) of the Arbitration Act 1996 where the tribunal’s award made no reference to particular evidence put forward to it. The court’s conclusion was that this was not a basis for sustaining an appeal against an award.

Livian : the facts