Challenges and appeals

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This Overview signposts key resources on challenges and appeals in arbitration, linking to guidance, precedents and case analysis.

Challenges and appeals go to the heart of arbitral finality and the court’s supervisory role. In England, Wales and Northern Ireland, the Arbitration Act 1996 provides limited avenues: jurisdiction (s.67), serious irregularity causing substantial injustice (s.68), and point - of - law appeal (s.69, subject to exclusion). CPR Part 62 and its Practice Direction govern procedure in the Commercial Court.

Practitioners should focus on threshold tests, time limits, evidence and remedies. Applications are due within 28 days (section 70(3)); extensions are exceptional. A section 67 challenge is a full rehearing on jurisdiction. Section 68 sets a high bar; the court may remit, set aside or declare the award of no effect. Section 69 requires permission or party agreement and is narrowly confined to errors of law on the tribunal’s findings of fact; many institutional rules amount to a waiver.

Further issues include loss of the right to object through participation without timely protest (section 73), security for the award pending challenge (section 70(7)), and stays of enforcement. For foreign awards,...

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