Do the 2012 stats reveal an abuse of the right to challenge an arbitral award for serious irregularity? - .PDF file.
The accusation: that section 68 of the Arbitration Act 1996 (which allows challenges to arbitral awards for serious irregularity) is relied on frequently and frivolously by parties wanting to frustrate an award as long as possible, having ‘lost’ the arbitration. Do the 2012 statistics of challenges to arbitral awards in the English courts negate or support this accusation?
Click on the link above to download the briefing from Olswang.