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08 March 2012 / Clare Arthurs , Margaret Tofalides
Issue: 7504 / Categories: Features , Procedure & practice , Arbitration
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The right challenge

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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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