header-logo header-logo

17 August 2012 / Clare Arthurs , Margaret Tofalides
Issue: 7527 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

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

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll