header-logo header-logo

06 March 2015 / Nicole Finlayson , Clare Arthurs , Richard Marshall
Issue: 7643 / Categories: Features , Profession , Arbitration
printer mail-detail

Arbitration challenge: Pt 3

nlj_7643_marshallfinlaysonarthurs

In their third update, Richard Marshall, Nicole Finlayson & Clare Arthurs discuss how to run a successful s 69 appeal

In this third article considering how parties can challenge awards under the Arbitration Act 1996 (the Act), we look at recent developments relating to s 69. Under s 69, a party to arbitral proceedings may appeal to the court on a point of English law arising out of an award. The question is, will this third way prove any easier to navigate than its statutory brethren? (see “Arbitration challenge: Pt 1”, 164 NLJ 7623 p 25 & “Arbitration challenge: Pt 2", 164 NLJ 7628 p 35)

Appeal on a question of law

Unlike ss 67 and 68, s 69 is not a mandatory provision. It is open to parties to exclude the s 69 right to appeal by providing for this in the arbitration agreement or using a set of rules (eg the ICC rules) which expressly exclude any right of appeal. Parties

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll