header-logo header-logo

08 January 2009
Issue: 7350+7351 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

Challenging an arbitration award

Janna Purdie considers the “substantial injustice” requirement for a successful challenge under s 68 of the Arbitration Act 1996.
 

There are very few successful challenges to arbitral awards under s 68 of the Arbitration Act 1996 (AA 1996), due to the requirement that a party must show it suffered substantial injustice due to the serious irregularity.

However, the end of last year saw two such successful challenges in the Commercial Court. The cases are of interest to arbitration practitioners as they provide a clear review of existing case law and a useful insight into what courts consider amounts to substantial injustice.

The serious irregularity cases

The Imtech case

The case concerned an electrical contract. The arbitration hearing was highly complex and involved substantial pleadings and evidence. However, the award itself was very short and stated that: “The parties’ submissions and the evidence and documents provided to support the parties’ cases are extensive in the extreme and for us to address each and every point raised by the parties would be impracticable and therefore

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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll