Rent review arbitrations legal challenges to awards and how to avoid them
Bickford-Smith, Stephen
Rent review arbitrations legal challenges to awards and how to avoid them - 2009 - Arbitration 75(3) August 2009, 374-381(8) .
Rent review arbitration is alive and well. Outlines the methods of rent review arbitrations under the Arbitration Act 1996 and discusses separately the two main ways of challenging a rent review award: appeals on points of law under s69 of the Act and applications to have the award set aside or remitted under s68, which provides broader grounds of challenge but is subject to substantial limitations. Reviews the case law relevant to s68 challenges. Concludes that the courts will support arbitrators wherever possible but each case depends on its facts with financial stringency likely to intensify attempts to challenge awards in future.
ARBITRATION ACT 1996 S33(1)(a)
ARBITRATION ACT 1996 S34
ARBITRATION ACT 1996 S68
ARBITRATION ACT 1996 S69
England and Wales--1543-
Rent review arbitrations legal challenges to awards and how to avoid them - 2009 - Arbitration 75(3) August 2009, 374-381(8) .
Rent review arbitration is alive and well. Outlines the methods of rent review arbitrations under the Arbitration Act 1996 and discusses separately the two main ways of challenging a rent review award: appeals on points of law under s69 of the Act and applications to have the award set aside or remitted under s68, which provides broader grounds of challenge but is subject to substantial limitations. Reviews the case law relevant to s68 challenges. Concludes that the courts will support arbitrators wherever possible but each case depends on its facts with financial stringency likely to intensify attempts to challenge awards in future.
ARBITRATION ACT 1996 S33(1)(a)
ARBITRATION ACT 1996 S34
ARBITRATION ACT 1996 S68
ARBITRATION ACT 1996 S69
England and Wales--1543-