In the first of a series of articles, Richard Marshall & Nicole Finlayson examine the various routes open to parties to challenge an award
Why choose arbitration over litigation or other forms of ADR? For many parties it is the confidentiality, commerciality and finality of arbitration that appeal. However, the Arbitration Act 1996 (AA 1996) does contain various means by which a dissatisfied party can challenge an award. While it is fair to say that the courts will be slow to interfere with an arbitral award, case law suggests that this does not stop parties from applying and, in some cases, succeeding.
In this series of articles we will examine the various routes open to parties to challenge an award, and consider the practical difficulties that such challenges may face in the light of recent case law. This first article will focus on s 67, which allows an arbitration award to be challenged in the courts on the grounds that the arbitral tribunal lacked substantive jurisdiction.
Challenging jurisdiction
Section 67 can be used to challenge an award made by an
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