In the second of a series of articles, Richard Marshall & Nicole Finlayson examine the various routes open to parties to challenge an award
In this second article considering how to challenge awards under the Arbitration Act 1996 (AA 1996), we look at challenges to an award on the ground of serious irregularity (s 68). Historically, successful challenges under s 68 have been rare. To quote the Report of the Departmental Advisory Committee which led to AA 1996, s 68 “is really designed as a long-stop, only available in extreme cases where the tribunal has gone so wrong in its conduct of the arbitration that justice calls out for it to be corrected”.
Recent case law demonstrates that this principle still very much holds true in practice.
Serious irregularity affecting tribunal, proceedings or award
Section 68 allows a party to arbitral proceedings to apply to court challenging an award on the ground of serious irregularity affecting the tribunal, proceedings or award. “Serious irregularity” means an irregularity of one or more of the types listed in s 68(2) which the court
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