header-logo header-logo

The right challenge

08 March 2012 / Clare Arthurs , Margaret Tofalides
Issue: 7504 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll