header-logo header-logo

The Arbitration Act 1996: a reflection at 25 years (Pt 2)

01 July 2022 / Ravi Aswani , Valya Georgieva
Issue: 7985 / Categories: Features , Procedure & practice
printer mail-detail
86379
Challenging an arbitration award on jurisdiction: the ‘rehearing’ nature of a section 67 challenge by Ravi Aswani & Valya Georgieva
  • Challenging an arbitration award under s 67 of the Arbitration Act 1996.
  • The Law Commission’s review of challenges under s 67.
  • The 11th edition of the Commercial Court Guide in relation to s 67 challenges.

Arbitration is frequently preferred over litigation as a dispute resolution method for several reasons. One such reason is the perceived finality of arbitral awards. It is common for arbitration rules and agreements to provide that awards will be final and binding on the parties, with only limited circumstances in which an arbitral award can be challenged (see, for example, Art 29.2 of the London Court of International Arbitration (LCIA) Rules 2020).

Where the seat of the arbitration is England, Wales or Northern Ireland (assumed for the purposes of this article), the Arbitration Act 1996 (AA 1996) confirms, in s 58, that unless otherwise agreed by the parties,

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

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

360 Law Group—Anthony Gahan

360 Law Group—Anthony Gahan

Investment banking veteran appointed as chairman to drive global growth

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll