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Experience and knowledge are the key

By: Contributor(s): Language: English Series: Estates Gazette ; (0626) 1 July 2006, 150-151(2)Publication details: 2006Subject(s): Summary: Considers how court challenges to arbitrators' awards can be avoided. Discusses the ways parties seek to challenge an award: serious irregularity as illustrated by "St George's Investment Co v Gemini Consulting Ltd" ([2004] EWHC 2353 (Ch), Abs68658), lack of jurisdiction, and question of law. Points out that arbitrators should not introduce new evidence as shown in "Handley v Nationwide Anglia Building Society" (QBD, Abs46677). Sets out the criteria for arguing a substantial injustice has been caused, as defined in "Checkpoint Ltd v Strathclyde Pension Fund" ([2003] EWCA Civ 84, X121614). Concludes with best practice indications for arbitrators and parties.

Considers how court challenges to arbitrators' awards can be avoided. Discusses the ways parties seek to challenge an award: serious irregularity as illustrated by "St George's Investment Co v Gemini Consulting Ltd" ([2004] EWHC 2353 (Ch), Abs68658), lack of jurisdiction, and question of law. Points out that arbitrators should not introduce new evidence as shown in "Handley v Nationwide Anglia Building Society" (QBD, Abs46677). Sets out the criteria for arguing a substantial injustice has been caused, as defined in "Checkpoint Ltd v Strathclyde Pension Fund" ([2003] EWCA Civ 84, X121614). Concludes with best practice indications for arbitrators and parties.