In the first of three articles Margaret Tofalides & Clare Arthurs discuss arbitration challenges
One of the great advantages to arbitration as a form of dispute resolution is that arbitration agreements and arbitration rules usually provide that an arbitration award is final. Following criticism of the overly interventionalist approach of the UK courts, that is the premise on which the Arbitration Act 1996 was drafted (AA 1996). This is borne out in the general principles contained in s 1, which expressly prohibit the court from intervening, except as provided by Pt 1 of AA 1996.
However, AA 1996 sets out three ways in which parties can challenge an arbitration award in the UK courts:
- s 67 challenge to the tribunal’s substantive jurisdiction;
- s 68 challenge on the grounds of serious irregularity; and
- s 69 appeal on a point of law.
This article focuses on s 67 and will also consider the other routes by which a tribunal’s jurisdiction can be challenged. The other grounds for challenge will be considered in future articles.
Challenging jurisdiction at the outset of proceedings
Unless
