Podcast Location:
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Categories:
ADR & Mediation
CPD Points:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast with arbitration specialists from Hogan Lovells discusses the ambit of the provisions in the UK Arbitration Act dealing with challenges to an award because of a serious procedural irregularity. It addresses the meaning of that term and the common facts which give rise to a challenge. It will address the relationship s68 has with its neighbouring provisions in s67 and s69 as some discussion of the appropriate procedure.

Outcomes:
After completing the course you will:
  • Understand what the function of section 68 is;
  • Understand what is meant by a ‘serious irregularity’;
  • Understand the importance of a causal link between irregularity and prejudiced;
  • Understand the relationship between s68, s67 and s69;
  • Know the extent to which an arbitral tribunal is permitted to correct its own irregularities;
  • Be aware of the importance of giving reasons for a particular decision;
  • Know the procedure to mount a challenge;
  • Know how section 68 applies to international arbitration proceedings.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Panel Discussion
Practical Guide
Procedural
Sources and References:
  • Arbitration Act 1996 ss 57, 67, 68, 69;
  • Lesotho Highlands Development Authority v Impregilo SpA & Ors [2005] UKHL 43;
  • CNH Global N.V. v PGN Logistics Limited & Ors [2009] EWHC 977 Comm;
  • Checkpoint Ltd v Strathclyde Pension Fund [2003] EWCA Civ 84;
  • Price & Anor v Carter (t/a Ian Carter Building Contractors) [2010] EWHC 1737 (TCC);
  • London Underground Ltd v Citylink Telecommunications Ltd [2007] EWHC 1749 (TCC);
  • Bulfracht (Cyprus) Ltd v Boneset Shipping Company Ltd "MV Pamphilos" [2002] EWHC 2292 (Comm);
  • RC Pillar & Sons v Edwards and another - [2001] All ER (D);
  • Cameroon Airlines v Transnet [2004] EWHC 1829 (Comm);
  • Pacol Ltd v Joint Stock Co Rossakhar. [1999] 2 All ER (Comm) 778;
  • B v A [2010] EWHC 1626 (Comm);
  • Minermet SPA Milan v Luckyfield Shipping Corp SA [2004] EWHC 729 (Comm);
  • Buyuk Camlica Shipping Trading & Industry Co Inc v Progress Bulk Carriers Ltd [2010] EWHC 442 (Comm);
  • Syska & Anor v Vivendi Universal S.A. & Ors [2009] EWCA Civ 677;
  • James Moore Earthmoving v Miller Construction Ltd [2001] EWCA Civ 654.
Tags:

This podcast is about section 68 Arbitration Act 1996 which deals with challenges to an arbitral award on the basis of a serious procedural irregularity. It will give an overview of the court's powers in relation to serious irregularities, identify what an applicant must establish for their challenge to be successful and sets out the procedure for making a challenge.

Podcast added: 22/07/11

Podcast last reviewed: 2012-02-27

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