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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

Quillon Law—Neil Dooley

Quillon Law—Neil Dooley

Disputes firm expands fraud and investigations practice with partner hire

Charles Russell Speechlys—Vadim Romanoff

Charles Russell Speechlys—Vadim Romanoff

Firm strengthens corporate tax and incentives team with partner hire

Burges Salmon—Gary Delderfield & Alec Bennett

Burges Salmon—Gary Delderfield & Alec Bennett

Partner and senior associate join pensions team

NEWS
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
With chronic underfunding and rising demand leaving thousands without legal help, technology could transform access to justice—if handled wisely, writes Professor Sue Prince of the University of Exeter in this week's NLJ
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
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