Too Easy, Too Difficult or Just Right? Challenges under S. 68 of the English Arbitration Act

WilmerHale and Brick Court Chambers are pleased to invite you to an in-depth discussion of challenges under Section 68 of the English Arbitration Act. The panel – made up of eminent barristers and solicitor advocates – will explore recent decisions and emerging trends, and discuss whether the standard applied in Section 68 proceedings is too easy, too hard or just right.

Section 68 of the English Arbitration Act permits parties to apply to the court to challenge an arbitral award on the basis of a serious irregularity affecting the tribunal, the proceedings, or the award itself. Although such challenges are traditionally regarded as difficult to sustain, the English courts have been required to consider a growing number of Section 68 applications in recent years. This panel will examine key recent decisions and consider how the courts have articulated and applied the statutory threshold in practice. Drawing on their extensive experience advising on and arguing Section 68 challenges, the panellists will discuss the circumstances in which such applications may have realistic prospects of success, as well as the strategic, procedural, and tactical considerations that parties should take into account when deciding whether to pursue a challenge.