In the second of three articles Margaret Tofalides & Clare Arthurs discuss s 68 arbitration challenges
Section 68 of the Arbitration Act 1996 (AA 1996) allows an arbitration award to be challenged on the ground of serious irregularity affecting the proceedings, tribunal or award. Like s 67, s 68 is mandatory; the parties cannot choose to opt out from it. The legislature intended the courts to be able to intervene in arbitration, even though the parties have chosen to arbitrate rather than litigate. The central issue here is how the courts balance the administration of justice with the principle of party autonomy: how often do s 68 challenges succeed?
Challenging an award
Section 68 challenges are subject to the same restrictions as s 67 challenges: any application must be made (on notice) within 28 days of the date of the award or notification of any arbitral appeal or review’s outcome (s 70(3)). Equally, the party must first exhaust any process of appeal or review under the arbitration
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