In Elektrim SA v Vivendi Universal SA and others, Aikens J held that the failure of a party to an LCIA arbitration to disclose a relevant document was not serious irregularity within the meaning of section 68 of the Arbitration Act 1996.

The judgment continues the trend of extremely limited court intervention in section 68 cases, and also stresses the necessity (in applications brought on the basis of fraud) of proving a causal connection between the fraud and the award. Aikens J's judgment also addresses the interesting question of whether a breach of section 40 of the Arbitration Act can take effect as a breach of the arbitration agreement.