header-logo header-logo

The right challenge

08 March 2012 / Clare Arthurs , Margaret Tofalides
Issue: 7504 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

In the first of three articles Margaret Tofalides & Clare Arthurs discuss arbitration challenges

One of the great advantages to arbitration as a form of dispute resolution is that arbitration agreements and arbitration rules usually provide that an arbitration award is final. Following criticism of the overly interventionalist approach of the UK courts, that is the premise on which the Arbitration Act 1996 was drafted (AA 1996). This is borne out in the general principles contained in s 1, which expressly prohibit the court from intervening, except as provided by Pt 1 of AA 1996.

However, AA 1996 sets out three ways in which parties can challenge an arbitration award in the UK courts:

  • s 67 challenge to the tribunal’s substantive jurisdiction;
  • s 68 challenge on the grounds of serious irregularity; and
  • s 69 appeal on a point of law.

This article focuses on s 67 and will also consider the other routes by which a tribunal’s jurisdiction can be challenged. The other grounds for challenge will be considered in

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll