Natural justice and the right to a hearing: Witness-gating in arbitration

19 Jul 2021

In CBS v CBP [2021] 1 SLR 935, the Court of Appeal upheld the High Court’s decision to set aside an award for breach of natural justice. The Court of Appeal held that the arbitrator’s decision to exclude a party’s witness evidence constituted a breach of natural justice.

This article considers an arbitrator’s power to control the taking of evidence and the interaction between the rules of natural justice and an arbitrator’s case management powers.

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