A party's voluntary and informed concession made with the benefit of legal advice, even if based on a legal position subsequently overturned by a higher court, does not give rise to a right to re-open the hearing, and a tribunal's refusal to allow re-opening in such circumstances is not a ground for setting aside an award under s 34(2)(a)(ii) of the Commercial Arbitration Act 2011 (Vic). A tribunal's refusal to admit an expert report where the expert is not called as a witness is a proper exercise of the tribunal's broad procedural powers under s 19 of the Act and does not constitute a breach of agreed arbitral procedure under s 34(2)(a)(iv).
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