header-logo header-logo

29 March 2012 / Clare Arthurs , Margaret Tofalides
Issue: 7507 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

The right challenge (2)

In the second of three articles Margaret Tofalides & Clare Arthurs discuss s 68 arbitration challenges

 

Section 68 of the Arbitration Act 1996 (AA 1996) allows an arbitration award to be challenged on the ground of serious irregularity affecting the proceedings, tribunal or award. Like s 67, s 68 is mandatory; the parties cannot choose to opt out from it. The legislature intended the courts to be able to intervene in arbitration, even though the parties have chosen to arbitrate rather than litigate. The central issue here is how the courts balance the administration of justice with the principle of party autonomy: how often do s 68 challenges succeed?

Challenging an award

Section 68 challenges are subject to the same restrictions as s 67 challenges: any application must be made (on notice) within 28 days of the date of the award or notification of any arbitral appeal or review’s outcome (s 70(3)). Equally, the party must first exhaust any process of appeal or review under the arbitration agreement or rules, and any recourse available under s 57
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

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll