Q&As

What is the procedure for appealing against an arbitrator's decision under sections 68 and 69 of the Arbitration Act 1996? Which court does the appeal need to be lodged in and with what documents/forms etc?

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Published on LexisPSL on 17/01/2018

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • What is the procedure for appealing against an arbitrator's decision under sections 68 and 69 of the Arbitration Act 1996? Which court does the appeal need to be lodged in and with what documents/forms etc?
  • Procedure
  • Making an application under AA 1996, ss 68 and 69

What is the procedure for appealing against an arbitrator's decision under sections 68 and 69 of the Arbitration Act 1996? Which court does the appeal need to be lodged in and with what documents/forms etc?

An award can be challenged or appealed under the Arbitration Act 1996 (AA 1996) only on limited grounds. The grounds for challenging/appealing a decision under AA 1996, ss 68 and 69 are:

  1. on grounds of serious irregularity that has caused or will cause substantial injustice to the applicant (AA 1996, s 68)

  2. an appeal on a point of law (AA 1996, s 69)

For more information, see Practice Note: AA 1996—challenging and appealing arbitral awards in the English court.

Procedure

When bringing an application to challenge or appeal a decision, consider the time limits in which such an application can be made. The time limit in which an application can be made is 28 days, which runs from either the date of the award or the date the parties are notified of the result of ‘any arbitral process of appeal or review’.

An application to challenge or appeal a decision can only be brought if the all other available processes of appeal or review and any other available recourse under AA 1996, s 57 have been exhausted.

An application to challenge/appeal the

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