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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)

89719
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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Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

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Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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