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17 August 2012 / Clare Arthurs , Margaret Tofalides
Issue: 7527 / Categories: Features , Procedure & practice , Arbitration
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The right challenge (3)

In the final of three articles Margaret Tofalides & Clare Arthurs discuss s 69 arbitration challenges

The third means of challenging an arbitration award lies under s 69 of the Arbitration Act 1996 (AA 1996), which provides that, unless otherwise agreed by the parties, one party may appeal to the court “on a question of law arising out of an award made in the proceedings”.

Opting out

Section 69 differs from ss 67 and 68 in that it is not mandatory. This is an issue which needs to be considered right at the outset, when agreeing to submit disputes to arbitration. Some of the most commonly-used arbitration rules expressly exclude the right to challenge on points of law. You should therefore check the relevant rules before agreeing to use them.

Equally, care must be taken with the arbitration agreement. Agreeing to dispense with reasons for the tribunal’s award will constitute a s 69 exclusion agreement (s 69(1)). An exclusion agreement can also be incorporated by reference rather than by being

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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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