AA 1996—time for bringing challenges and appeals, exhaustion of other arbitral processes and extensions of time

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • AA 1996—time for bringing challenges and appeals, exhaustion of other arbitral processes and extensions of time
  • The time limit for bringing challenges and/or appeals against arbitration awards
  • The test of materiality
  • Exhaustion of any available arbitral process of appeal or review
  • The meaning of 'available'
  • The meaning of 'arbitral process of appeal or review'
  • The meaning of 'exhausted'
  • Extensions of time for challenges and appeals and when they may be granted
  • Rolled-up hearings
  • Making the application for an extension of time
  • More...

AA 1996—time for bringing challenges and appeals, exhaustion of other arbitral processes and extensions of time

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’).

The time limit for bringing challenges and/or appeals against arbitration awards

Under the AA 1996, challenges and appeals in respect of arbitral awards can be brought under the following sections:

  1. AA 1996, s 67—challenging the award for lack of substantive jurisdiction

  2. AA 1996, s 68—challenging the award on grounds of serious irregularity

  3. 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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