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01 July 2022
Issue: 7985 / Categories: Legal News , Procedure & practice , Arbitration
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NLJ this week: Arbitration at 25―Pt 2, critiquing jurisdiction challenges

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One quarter-century after the Arbitration Act 1996, what’s working and what requires change? In the second part of a series of articles, Ravi Aswani, of 36 Stone, and Valya Georgieva, of Penningtons Manches Cooper, look at the process of challenging an arbitration award on jurisdiction

Some routes of challenge are used more often than others. Aswani and Georgieva focus on the s 67 method, the rehearing option, covering pertinent caselaw as well as criticism from within the arbitration community.

They recount ‘one of the most striking examples of the cost inefficiency of rehearing evidence under s 67’, in which ‘an award of $70m, granted following a week’s evidentiary hearing before the tribunal, was successfully challenged after new documentary and witness evidence was presented to the court, resulting in the court reaching substantially different conclusions than the tribunal’.

MOVERS & SHAKERS

Devonshires—Rebecca Eastwood

Devonshires—Rebecca Eastwood

Housing management and property litigation practice strengthened by Leeds partner hire

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

NEWS
A ‘parallel justice system’ is developing due to the increased use of Out of Court Resolutions (OOCRs), magistrates have warned
The government’s plan to cut jury trials could ‘cause more delays than it could ever serve to reduce’, veteran silk Geoffrey Robertson KC has warned
Artificial intelligence (AI) could be used to generate faster and cheaper transcripts of criminal court proceedings, ministers have announced
Solicitors practising litigation have been issued with a Law Society practice note following the Court of Appeal’s judgment in Mazur
Sir Andrew McFarlane has retired from the judiciary, following nearly eight years as president of the Family Division and president of the Court of Protection
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