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+ 44 (0)20 8614 6200
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S69- Of Chablis, Smoked Salmon and Trifles

In the first two months of 2013 twelve cases were reported that dealt with Arbitration Act 1996 (“AA”) issues. Of these twelve cases, a quarter involved applications for leave to appeal under s.69(3) AA 1996 and a further quarter dealt with applications under s.68 (serious irregularities). The statistics are not surprising. The AA 1996 has now been in force for a little over 16 years and a substantial body of case law exists. However, when a party loses a case it may feel that it has no option but to challenge the award. There are often commercial reasons for this and/or the unsuccessful party may also feel genuinely aggrieved by the award. The recent case law dealing with leave to appeal has, however, shown that challenging an award under s.69 AA 1996 is no easy option. This article considers the grounds on which leave to appeal an arbitrator’s award will be granted. The courts, when considering an application for leave to appeal, place high hurdles for any applicant to overcome. Leave to appeal under s.69(3) was not granted in any of the reported cases on Bailii up to 1 March 2013 this year. However, it is evident from the reported cases that some applications for leave to appeal are successful, especially where the issue relates to matters of general public importance: Dalmare SpA v Union Maritime Ltd & Anor.

By |January 1st, 2013|Arbitration, Knowledge Hub|Comments Off on S69- Of Chablis, Smoked Salmon and Trifles

Recent Cases on Serious irregularity

Recent case law shows that challenging an arbitrator's award because of serious irregularity is no easy option. There are limited grounds upon which a challenge can be made. Even if a case falls within one of them, a party will only succeed in its challenge if it can show that it has suffered a substantial injustice. A technical breach will not suffice. Cases which, under the Arbitration Act 1950, would have been remitted back to the arbitrator because of technical misconduct, will now not be remitted because they either do not fall within the limited grounds or because they have not caused substantial injustice. Over three years have elapsed since the Arbitration Act 1996 (AA 1996) came into force and there is still little case law on the subject of serious irregularity. Most cases in which it has been alleged have had it as an alternative to either a breach of substantive jurisdiction or an appeal on a point of law. If one of the aims of AA 1996 was to restrict the intervention of the courts in dealing with arbitration proceedings, this lack of case law illustrates an unqualified success. Challenges for serious irregularity must be made within 28 days of the date of the award. The lack of case law therefore can only be explained on the basis that parties do not believe they can overcome the hurdles involved with making a challenge.

By |November 1st, 2000|Arbitration, Knowledge Hub|Comments Off on Recent Cases on Serious irregularity
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