In the past few months there have been a number of noteworthy developments regarding English-seated arbitration proceedings.
1. CHALLENGES TO ARBITRAL AWARDS
It is clear that the English Court continues to demonstrate a general reluctance to interfere with decisions/awards rendered in arbitral proceedings:
- In March 2018, a Commercial Court Users’ Group Meeting Report confirmed that there remains a high hurdle for litigants to overcome in order to challenge the decision of a tribunal. The Report highlighted that, between 2015 and 2017, in claims before the English Court:
- Only 1 out of 112 challenges (0.9%) made pursuant to Section 68 (serious irregularity) was successful.
- Only 5 out of 162 challenges (3.1%) made pursuant to Section 69 (errors of law) were successful.
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