Serious irregularity: waiver of right to appeal

Section 73(1) of the Arbitration Act 1996 removes by waiver the right of a party to appeal against an award on the grounds of serious irregularity if that party was or should have been aware of the problem but continued the arbitration proceedings without raising that objection. Radisson Hotels APS Danmark v Hayat Otel Işletmeciliği Turizm Yatirim ve Ticaret Anonim Şirketi [2023] EWHC 892 (Comm); [2023] 1 Lloyd's Rep 642 raised important questions on the proper interpretation of section 73(1) in circumstances where the right to object to a partial award did not become known until a later phase of the arbitration.

Radisson Hotels: the facts