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International arbitration: still not done with Dunn?

180617
How did a package holiday buffet meal impact the world of international arbitration? Charlotte Pope-Williams & Adam Riley explain
  • Part one of a series of article by barristers from 3 Hare Court about both international arbitration and legal matters of universal application.
  • Discusses Griffiths v TUI, in which the Supreme Court restated the 131-year-old rule in Browne v Dunn, requiring a party to use cross-examination to challenge the evidence of any witness of the opposing party on a material point which they wish to submit to the court should not be accepted.
  • Goes on to consider the approach of UK and Commonwealth courts on applying the rule.

One may query what a case concerned with gastroenteritis and package holidays has to do with international arbitration. However, the case of Griffiths v TUI [2023] UKSC 48, [2024] 2 All ER 185 is a prime example of the UK’s Supreme Court articulating general propositions of law that are of universal application, irrespective of practice area, which

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