header-logo header-logo

Arbitration challenge: Pt 3

06 March 2015 / Nicole Finlayson , Clare Arthurs , Richard Marshall
Issue: 7643 / Categories: Features , Profession , Arbitration
printer mail-detail
nlj_7643_marshallfinlaysonarthurs

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll