The English High Court dismissed a serious irregularity challenge under s.68 of the Act, reviewing the applicable legal principles, emphasising that s.68 should not be used to attack an arbitrator’s findings of fact and evaluation of evidence.
A recent report from the UK judiciary indicates a reduction in applications brought under s.68 (challenge to award on the ground of serious procedural irregularity) and under s68 (appeals on a point of law).
In an important decision, the English Court of Appeal grants an anti-arbitration injunction, saying it will do so only in “exceptional circumstances” and that parties cannot contract out of ss.67 & 68 of the English Act.
Section 68 of the English Act provides the basis for challenging an arbitration award where there has been a serious irregularity. This is a useful overview of the (only seven) successful challenges brought under the section, highlighting the difficulties in success.
The requirement for arbitrators to act “impartially” is enshrined in the English Arbitration Act (and together with “independence”, in the Model Law and many institutional rules). This note reviews these concepts in light of the judgments in Almazeedi and Halliburton.
The English High Court considers an argument that the tribunal breached its duty of fairness, rejects the challenge under s.68 of the Arbitration Act, and sets out some guiding principles.
The English High Court deals with various interlocutory applications in a forthcoming challenge to an arbitration award, including payment of security and a stay of enforcement.
The English Court refuses to set aside and remit an award stating that s.68 is concerned solely with due process and represents an exhaustive list of what constitutes “serious irregularity” under the Act.
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.
CMS review the decision in Pakistan v Broadsheet LLC  EWHC 1832 (Comm), where the …Continue Reading
The English Court rejects a challenge under s.68 of the English Act, and provides useful guidance on the test for determining whether a tribunal’s decision qualifies as an award for the purpose of a s.68 challenge.Continue Reading