Arbitration Notes

No Tactical Time‑Out: English Court Refuses to Stay LCIA Arbitrations Pending Arbitrator and Procedural Order Challenge

Section 68 challenge: Understanding when a tribunal can disregard a new and unpleaded case

Alleging Fraud or Illegality: Understanding the Boundaries of s.68 Challenges

English High Court rejects Section 68 challenge to arbitral award on the grounds of "serious irregularity"

In the case of Republic of Kosovo v ContourGlobal Kosovo LLC [2024] EWHC 877 (Comm), the English High Court (the High Court) has rejected a challenge by …

English Commercial Court rules that a party must act "promptly" in raising a challenge to the effectiveness of arbitral proceedings, and rejects application for set aside of partial award

Summary In Radisson Hotels APS Denmark v Hayat Otel Işletmeciliği Turizm Yatırım Ve Ticaret Anonim Şirketi [2023] EWHC 892 (Comm) the Commercial Court …

Livian on a prayer: Claimant's last hope s68 challenge is firmly rejected by the Commercial Court

The Commercial Court has rejected an attempt to challenge an LCIA award on grounds of serious irregularity under section 68(2)(a) of the Arbitration Act …

ENGLISH COURT UPHOLDS MULTIPLE CHALLENGES TO ARBITRAL AWARD FOR BREACH OF THE TRIBUNAL'S DUTY OF FAIRNESS

ENGLISH COURT CONSIDERS CHALLENGES TO A FURTHER AWARD MADE AFTER REMISSION TO THE TRIBUNAL FOLLOWING AN EARLIER SUCCESSFUL CHALLENGE

ENGLISH COURT DISMISSES S68 CHALLENGE TO PROCEDURAL ORDER

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 court provides new guidance on summary dismissal process for groundless serious irregularity challenges

The English High Court has in the last few days proposed a procedurally strict approach to serious irregularity challenges under s68 of the Arbitration …

English court sets aside arbitration award for serious irregularity due to tribunal's non-disclosure of novel point central to award

The odds of successfully challenging an arbitral award in the English Courts on the basis of s68 of the Arbitration Act 1996 (serious irregularity) …