In P v. D [2019] EWHC 1277 (Comm), the English court dealt with an application under s. 68 dealing with the common law rule of evidence in Browne v. Dunn [1894] 66 R 67, allowing the application and finding the tribunal was in breach of s. 33 of the Act , to act fairly and impartially.  Browne v. Dunn was applied.

Sapna Jhangiani in the September issue of Kluwer Arbitration Blog questions the rigidity of the rule in arbitration , especially international arbitration , “… especially when the parties come from different legal back grounds and cultures.”