AA 1996—challenging the award—categories of serious irregularity (s 68)


Published by a ³ÉÈËÓ°Òô Arbitration expert
Practice notes

AA 1996—challenging the award—categories of serious irregularity (s 68)


Published by a ³ÉÈËÓ°Òô Arbitration expert

Practice notes
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A party to Arbitration proceedings may (on Notice to the other parties and to the tribunal) apply to the English and Welsh courts challenging an Award made in the proceedings on the ground of serious irregularity affecting the tribunal, the proceedings or the award (section 68(1) of the Arbitration Act 1996 (AA 1996)). England and English are used in this Practice Note as convenient shorthand.

Serious irregularity is defined as irregularity that falls within one or more of the nine exhaustive categories specified in AA 1996, s 68(2)(a)–(i), which the court considers has caused or will cause substantial injustice to the applicant (AA 1996, s 68(2)).

For information on the grounds upon which the court may find serious irregularity and on making applications under AA 1996, s 68, see Practice Notes: AA 1996—challenging the award on grounds of serious irregularity (s 68) and AA 1996—challenging and appealing arbitral awards in the English court.

In this Practice Note, we consider the nine categories of serious irregularity and provide examples of how they have been interpreted

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Jurisdiction(s):
United Kingdom
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Key definition:
Award definition
What does Award mean?

Generally, a final, binding decision of the arbitral tribunal on the substantive dispute between the parties. Arbitral awards may also be interim (ie they have temporary, not final, effect) and partial (ie deciding one or more, but not all, of the issues in the dispute on a final, binding basis).

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