header-logo header-logo

Challenging arbitration awards—update

08 September 2017 / Nicole Finlayson , Richard Marshall
Issue: 7760 / Categories: Features , Arbitration , ADR
printer mail-detail
nlj_7760_marshall

The threshold for challenging arbitration awards remains high, as Richard Marshall & Nicole Finlayson illustrate

 

  • Challenging an award can bring an otherwise confidential matter into the public domain.
  • Parties should avoid unilateral communications with the arbitrator.

One key reason for choosing arbitration over litigation has always been the perceived finality of arbitral awards. Arbitration rules and agreements commonly provide that awards will be final and binding on the parties. However, where the seat of the arbitration is within England and Wales, the Arbitration Act 1996 (AA 1996) sets out three routes, found at ss 67, 68 and 69, under which an arbitral award can be challenged in the English courts. Two of these (s 67 and s 68) are mandatory provisions which cannot be contracted out of by the parties. Case law shows, however, that the threshold for succeeding under these sections is a high one, and that the courts will not lightly intervene in an arbitration. Recent decisions provide some interesting lessons.

Route one: section 67—challenging jurisdiction

Under s 67, a party can challenge an arbitral award made by the tribunal

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

Partner appointment in firm’s equity capital markets team

NEWS

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

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll