Arbitration Notes
Tag: section 68 english arbitration act 1996
Showing 12 out of 14 results
ENGLISH COURT UPHOLDS S68 CHALLENGE TO ARBITRAL AWARD AND CRITICISES TRIBUNAL FOR TWO-YEAR DELAY
An arbitral award was recently challenged in the English High Court (the Court) in K v P [2019] EWHC 589 (Comm). In a rare example of a successful …
ENGLISH HIGH COURT DISMISSES S68 CHALLENGE TO 'AMBIGUOUS' AWARD
CONTRACTUAL DISPUTE ARISING OUT OF HACKING: ENGLISH COURT CONSIDERS CHALLENGE TO AWARD UNDER s68 AND s69 OF THE ARBITRATION ACT 1996
In a rare example of a successful challenge under s68 of the Arbitration Act 1996 (the Act), in K v A [2019] EWHC 1118 (Comm), the English Court held …
Section 67 and 68 challenges to LCIA award dismissed
In the highly complex and contentious case of Filatona Trading Ltd and another v Navigator Equities Ltd and others [2019] EWHC 173 (Comm), the English …
English High Court orders indemnity costs in discontinued s.68 proceedings to challenge awards
In Koshigi Ltd and another company v Donna Union Foundation and another [2019] EWHC 122 (Comm) the English High Court considered an application for costs …
English Court upholds on paper dismissal of serious irregularity challenge with no prospects of success
The English High Court's decision in Asset Management Corporation Of Nigeria v Qatar National Bank [2018] EWHC 2218 (Comm), handed down in July 2018 but …
Arbitrator's independent inquiries amount to a serious irregularity – English court remits award back to arbitrator
The English High Court has upheld a challenge to an arbitration award on the grounds of serious irregularity, in Fleetwood Wanderers Ltd (t/a Fleetwood …
English Commercial Court releases s68 and s69 statistics: the high hurdle remains
On 29 April 2018, the Judiciary of England and Wales published the Commercial Court Users' Group Meeting Report – March 2018. Contained within that …
English Commercial Court upholds s68 serious irregularity challenges to an arbitral award holding that the arbitrator should have ensured that costs are pleaded by all parties
In Oldham v. QBE Insurance (Europe) Ltd [2017] EWHC 3045 (Comm), the Commercial Court held that the arbitrator's decisions on costs could be challenged …
English Court refuses to allow challenge to arbitral award to be discontinued
The English Court has recently held that a party will not be able to discontinue appeal proceedings challenging an arbitral award in circumstances where …
Separability and public policy: selecting law of arbitration agreement does not disapply conflicting non-mandatory provisions of English Arbitration Act 1996 and "fresh evidence…is particularly important" for challenging an Award on public policy grounds
An arbitration agreement is understood in most, but not all, jurisdictions to be a separable or distinct agreement from the contract or agreement of …
English High Court dismisses section 68 challenge to arbitral award on basis of delay
In its recent judgment in B.V. Scheepswerf Damen Gorinchem v The Marine Institute [2015] EWHC 1810 (Comm) (available here), the English High Court (the …
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