header-logo header-logo

18 November 2022 / Ravi Aswani , Valya Georgieva
Issue: 8003 / Categories: Features , Procedure & practice , Arbitration , ADR
printer mail-detail

The Arbitration Act 1996: a reflection at 25 years (Pt 4)

100873
Challenging an arbitration award under section 69 of the Arbitration Act 1996: Ravi Aswani & Valya Georgieva discuss appeals on a point of law
  • Challenging an arbitration award under section 69 of the Arbitration Act 1996.
  • The Law Commission’s proposal that no reform to section 69 is necessary, as it strikes a workable compromise between finality and consistency in application of the law.

Where the seat of the arbitration is England, Wales or Northern Ireland (assumed for the purposes of this article), the Arbitration Act 1996 (AA 1996) confirms, in s 58, that unless otherwise agreed by the parties, an award made by the tribunal pursuant to an arbitration agreement is final and binding on them. However, AA 1996 sets out three routes to challenge an arbitral award: ss 67, 68 and 69 of the AA 1996. Sections 67 (substantive jurisdiction) and 68 (serious irregularity) are mandatory provisions, while s 69 (point of law) can be contracted out of by the agreement of the parties.

This is 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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll