Neil Newing, Oliver Steeple & Olivia Ward highlight the delicate balance arbitrators must strike between the application of the law & the duty to conduct proceedings fairly
- In Mare Nova, the Commercial Court upheld a challenge under s 68 of the Arbitration Act 1996.
- This rare success shone a spotlight on the way arbitrators use their power to raise legal issues independently of the parties, as well as on wider issues relating to fairness and impartiality.
The case of Mare Nova Incorporated v Zhangjiagang Jiushun Ship Engineering Co, Ltd [2025] EWHC 223 (Comm) is a rare example of a successful challenge under s 68 of the Arbitration Act 1996 and is a welcome reminder of the high threshold of s 68. The case serves as a cautionary tale on the use of the arbitrator’s power to raise legal issues independently of the parties and its wider implications on the principles of fairness and impartiality. It also provides guidance on the scope of arbitrator
