header-logo header-logo

The right challenge (2)

29 March 2012 / Clare Arthurs , Margaret Tofalides
Issue: 7507 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

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 agreement or rules,
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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll