Challenges and appeals

Challenging and appealing arbitral awards to the English court in England and Wales

This Practice Note sets out the grounds on which a party may challenge or appeal an arbitral award to the English court under sections 67, 68 and 69 of the Arbitration Act 1996 (AA 1996). The Practice Note sets out the timing for making such an application, where to issue the arbitration claim form and the consequences of such a challenge or appeal. The Practice Note also considers the issues of confidentiality and security for costs on challenge/appeal applications. The Practice Note also sets out how to appeal any decision on challenge/appeal and links to Practice Notes on enforcement.

See Practice Notes: AA 1996—challenging and appealing arbitral awards in the English court and AA 1996—starting arbitration claims in court.

Starting arbitration claims in court

This Practice Note considers the general procedure for commencing arbitration claims before the English and Welsh courts under AA 1996 (English and England are used as a convenient shorthand in this Practice Note), the Practice Note considers issuing and filing arbitration

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Stay of application for injunction in favour of Arbitration (Hunt v IPS Law LLP and Others)

Arbitration analysis: The claimant, Mr Hunt, invested £1.05m in January 2023 through IPS Law LLP (‘IPS Law’), the second defendant, which was meant to hold the funds for the first defendant, Oceania Capital Reserves Ltd (‘Oceania’). IPS Law later apparently transferred the funds, but the circumstances in which that occurred (and the instructions on which IPS Law and its principal, Mr Farnell, the third defendant, relied) were unclear. Mr Hunt applied for an injunction to preserve the funds in IPS Law’s account. The defendants, in return, applied for a stay of the proceedings, arguing that the Investment Agreement between Mr Hunt and Oceania (with IPS Law as the ‘Investment Escrow Party’) referred disputes to arbitration. The court held that IPS Law was not a party to the arbitration clause and could not rely upon it under the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) (Mr Farnell accepted he was not a party). The court decided, however, that there was a serious issue to be tried in relation to the handling of Mr Hunt’s funds and accordingly granted a proprietary injunction. The case addresses issues over the court’s jurisdiction to order a stay under section 9 of the Arbitration Act 1996 (AA 1996) and its ability to order relief where funds held in a solicitors’ client account have been paid away apparently without instruction. Written by Oliver Browne, partner, at Paul Hastings (Europe) LLP.

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