It is a guiding principle of arbitration that each party must have a reasonable opportunity to put its case to the tribunal. Under English law, this principle is enshrined in section 33(1)(a) of the Arbitration Act 1996 and is expressed as a duty of the tribunal which must “act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent”.
This article discusses recent English case law in order to identify the extent of the onus on the tribunal to afford the parties a reasonable opportunity to present their case, and, as a corollary, to identify the onus on the parties themselves and their counsel to ensure that their case is comprehensively set out and that their opponent?s case is comprehensively answered.
ASA Bulletin