The parties submitted a dispute to arbitration by a Rabbinical Court.
During the proceedings, the panel met ex parte with a previous arbitrator without notice to the parties, breaching the agreed-upon procedure.
The appellant discovered this and sent his own ex parte communication to the panel.
The application judge found a procedural breach under art. 34(2)(a)(iv) of the UNCITRAL Model Law but exercised her discretion not to set aside the award, citing factors including the appellant's own ex parte conduct and the lack of actual prejudice.
The Court of Appeal dismissed the appeal, holding that the application judge properly balanced the relevant factors to determine whether the breach caused real unfairness or practical injustice.
