Recent developments in relation to s.68 of the Arbitration Act 1996

Simon Goldstone and Rani Noakes of 4 Pump Court review P v D [2019] EWHC 1277, in which the Commercial Court gave a salutary reminder of the circumstances in which a party’s failure to cross-examine might constitute a ‘serious irregularity’ pursuant to s68 Arbitration Act and cause the award to be set aside.

In Pakistan and ors v Broadsheet LLC [2019] EWHC 1832 (Comm), the Court rejected the challenge to the arbitration award, which was based on the alleged insufficiency of reasons given by the arbitral tribunal. The judgment provides welcome confirmation that an alleged insufficiency of reasons cannot, as a matter of law, found a challenge under s.68 of the Arbitration Act 1996.