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Arbitration

16 October 2008
Issue: 7341 / Categories: Case law , Procedure & practice , Law digest , Arbitration
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O’Donoghue v Enterprise Inns plc [2008] EWHC 2273 (Ch), [2008] All ER (D) 43 (Oct)

For an application under s 68 of the Arbitration Act 1996 to succeed, there must be a serious irregularity. The serious irregularity must fall within one of the classes set out in s 68(2).

Furthermore, it has to be such that it will cause (or has caused) substantial injustice to the applicant. Substantial injustice can only be demonstrated where what has happened simply cannot be defined as an acceptable consequence of the choice that the parties made to arbitrate.

An aggrieved party in an arbitration must raise any objections to the arbitration or the award forthwith; in this context “forthwith” means as soon as reasonably possible (and so involves raising an objection immediately following a procedural ruling).
 

MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
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