The following Arbitration practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the statutory time limits for bringing challenges and appeals in respect of arbitral awards before the English and Welsh courts (England and English are used as convenient shorthands) pursuant to the Arbitration Act 1996 (AA 1996), as well as related matters. Where relevant, this Practice Note should be read with our guidance on the substantive challenge and/or appeal applications (see the ‘Related documents’).
Under the AA 1996, challenges and appeals in respect of arbitral awards can be brought under the following sections:
AA 1996, s 67—challenging the award for lack of substantive jurisdiction
AA 1996, s 68—challenging the award on grounds of serious irregularity
AA 1996, s 69—appeal of the award on a point of law
In each case it is vital to be aware that there is, generally speaking, a 28-day time limit to bring the challenge and/or appeal before the English court (AA 1996, s 70(3)). This very short timetable is said to reflect the principles of speed and finality of arbitration which are reflected in the overall ethos of AA 1996. As such, it is important to act quickly when considering whether to challenge or appeal an award, and to issue any arbitration claim
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