Arbitration challenges

Complementary to our International Arbitration service, we also have outstanding experience in arbitration challenges.

There is very limited scope to challenge arbitral awards. This principle of finality is often a key attraction to parties choosing to arbitrate.  However, on occasion there may be grounds to challenge an award in the appropriate national courts.  For example, in the courts of England and Wales, challenges may be brought under ss.67-69 of the Arbitration Act 1996 in the following circumstances:

• S.67: tribunal's lack of "substantive jurisdiction". 
• S.68: serious irregularity with the arbitration that has caused or will cause a party substantial injustice. 
• S.69: appeals on a point of law (so long as the parties have not contracted out of this right of appeal).

Arbitration challenges are becoming increasingly prevalent – in recent years they have accounted for approximately 20% of all the cases issued in the Commercial Court in London. 

Our experienced teams in London, Singapore and Hong Kong are able to advise clients on whether they may have grounds to challenge an arbitral award and, if they do, to skillfully guide them through the process.