Arbitration-related proceedings in the English courts sit at the intersection of two worlds: the private, consensual process of arbitration and the supervisory jurisdiction of the Commercial Court. The Arbitration Act 1996 governs this boundary through three key challenge routes — section 67 (jurisdiction), section 68 (serious irregularity), and section 69 (appeal on a point of law) — plus the separate track of enforcing an award under section 66.
The bundle for each route is different. A section 67 or 68 challenge requires a focused affidavit addressing the specific grounds, the arbitral award with reasons, and relevant procedural history. A section 69 application requires the court to identify the precise question of law, the grounds for permission, and why the decision was obviously wrong or involves a question of general public importance. An enforcement bundle is the leanest of all: the award, the arbitration agreement, and evidence of the respondent's failure to comply.
The Arbitration Act 2025, which received Royal Assent on 24 February 2025 and comes into force on 1 August 2025, amends the 1996 Act in several important respects — including expanding remedies under section 67 and tightening the evidence rules for section 67 challenges.
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