Arbitration Law Monthly

In Royal & Sun Alliance Insurance Ltd v Tughans [2022] EWHC 2589 (Comm) the challenge to the award of an arbitrator was brought under each of three grounds in the Arbitration Act 1996, namely, want of jurisdiction (section 67), serious irregularity (section 68) and error of law (section 69). The case raised important issues on the interpretation of each of those three sections as well as discussing to date unresolved issues as to the scope of a professional indemnity policy where the claim against the assured is based upon fees earned by it.

In Buheiry v VistaJet Ltd [2022] EWHC 2998 (Comm) Jacobs J considered two separate issues which were claimed to go the jurisdiction of the tribunal: the validity of an assignment of rights to the claimant in the arbitration, and the correct process for commencing the arbitration.

In Kajima Construction Europe (UK) Ltd and Another v Children's Ark Partnership Ltd [2023] EWCA Civ 292 the Court of Appeal considered whether an alternative dispute resolution mechanism was binding in respect of a construction dispute. The parties actually settled the dispute before judgment was given, but the Court of Appeal felt that it was appropriate to proceed to judgment given the arguments by the parties and the importance of the issue.