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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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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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