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05 August 2022 / Ravi Aswani , Valya Georgieva
Issue: 7990 / Categories: Features , Procedure & practice , Arbitration , ADR
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The Arbitration Act 1996: a reflection at 25 years (Pt 3)

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Challenging an arbitration award for serious irregularity causing substantial injustice: Ravi Aswani & Valya Georgieva examine section 68
  • Challenging an arbitration award under section 68 of the Arbitration Act 1996.
  • The Law Commission’s indication that it will not be considering reform of section 68.
  • A comparative approach relating to indemnity costs.

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, an award

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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

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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
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