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ARTICLE · 28 SEPTEMBER 2018

Taking Up The Challenge: Claims For Serious Irregularity Under S.68 Of The Arbitration Act 1996

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The Commercial Court continues to handle a significant number of challenges to arbitral awards seated in England and Wales

United KingdomLitigation, Mediation & Arbitration

The Commercial Court continues to handle a significant number of challenges to arbitral awards seated in England and Wales. Few are successful. Statistics released by the Commercial Court earlier this year confirm that, in 2016, of 31 claims made under s.68, none were successful. In 2017, the number of claims rose to over 50, yet only two were successful. The threshold for a successful s.68 claim remains high, yet this has done little to stem the number of challenges. This article focuses on recent case law on s.68 and what might be done to limit the number of (mostly unsuccessful) challenges being brought.

Key provisions

Section 68 permits a party to challenge an award issued by a tribunal seated in England and Wales for "serious irregularity" causing substantial injustice. The most common examples include:

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