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06 March 2015 / Nicole Finlayson , Clare Arthurs , Richard Marshall
Issue: 7643 / Categories: Features , Profession , Arbitration
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Arbitration challenge: Pt 3

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In their third update, Richard Marshall, Nicole Finlayson & Clare Arthurs discuss how to run a successful s 69 appeal

In this third article considering how parties can challenge awards under the Arbitration Act 1996 (the Act), we look at recent developments relating to s 69. Under s 69, a party to arbitral proceedings may appeal to the court on a point of English law arising out of an award. The question is, will this third way prove any easier to navigate than its statutory brethren? (see “Arbitration challenge: Pt 1”, 164 NLJ 7623 p 25 & “Arbitration challenge: Pt 2", 164 NLJ 7628 p 35)

Appeal on a question of law

Unlike ss 67 and 68, s 69 is not a mandatory provision. It is open to parties to exclude the s 69 right to appeal by providing for this in the arbitration agreement or using a set of rules (eg the ICC rules) which expressly exclude any right of appeal. Parties considering a s 69 challenge should start by checking the

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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