header-logo header-logo

05 December 2025 / Masood Ahmed , Raghad Hamed
Issue: 8142 / Categories: Features , Procedure & practice , Arbitration , ADR , Fraud
printer mail-detail

Section 68: a ‘long stop’ remedy

237718
Masood Ahmed & Raghad Hamed examine fraud as a serious irregularity under the Arbitration Act 1996
  • Two recent decisions have shown that successful challenges to alleged fraud requires proof that it compromised the integrity of the arbitral process itself.
  • It has also been reaffirmed that s 68 is designed as a ‘long stop’ remedy available only in exceptional circumstances, where substantial injustices arise from misconduct.

Although the Arbitration Act 1996 (AA 1996) provides grounds upon which an award may be challenged, those grounds will be narrowly construed by the courts. In doing so, the courts will have regard to the need to uphold and respect the fundamental principle of party autonomy in arbitration (see s 1(b), AA 1996 and Federal Republic of Nigeria v Process and Industrial Developments Limited [2023] EWHC 2638 (Comm) at [475]-[476]).

The recent Commercial Court decision of K1 and others v B [2025] EWHC 2539 (Comm) provides a helpful illustration of the restrictive approach the English courts will take when

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll