header-logo header-logo

11 June 2021 / Masood Ahmed
Issue: 7936 / Categories: Features , Arbitration , Procedure & practice , ADR
printer mail-detail

Challenging arbitral awards: A welcome reminder

Masood Ahmed examines the scenario of challenging arbitral awards for inadequate reasons
  • Islamic Republic of Pakistan and another v Broadsheet LLC: serious irregularity—challenging an arbitral award; the parties’ submission; the judgment; comment.

In Islamic Republic of Pakistan and another v Broadsheet LLC [2019] EWHC 1832 (Comm), the claimants (the respondents in the arbitration) challenged an arbitral award for serious irregularity under s 68 of the Arbitration Act 1996. Relying on ss 68(2)(c) and 68(2)(h), the claimants alleged that a serious irregularity had occurred because the arbitral tribunal had failed to provide adequate reasons in the award. The essential issue for Mrs Justice Moulder was whether ‘inadequate reasons’ could be founded on a challenge under s 68(2)(c) and/or (h).

Serious irregularity

A party may, pursuant to s 68, challenge an arbitral award for serious irregularity affecting the tribunal, the proceedings or the award which the court may consider has caused or will cause ‘substantial injustice’ to the applicant. It should be noted that the requirement of substantial injustice

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll