The Interplay between Judges and Arbitrators

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Sir Rupert Jackson

October 2019

A paper presented at the Society of Construction Law London Conference on 19th September 2019

Sir Rupert Jackson takes a look at how judges and arbitrators can work together to deliver swift and efficient dispute resolution to the commercial community. The paper examines the seldom-used provisions of section 45 of the Arbitration Act 1996, which allows an application to court to determine any questions of law arising in an arbitration, and considers five cases that have used these provisions. The author goes on to look at situations where an arbitral award is challenged in court, in particular under section 68 of the 1996 Act, highlighting that such a challenge is not always a criticism of the arbitrator but an opportunity to correct irregular conduct by the parties in order to achieve the correct result.

1. Introduction – 2. Section 45 of the 1996 Act and the relationship between the courts and arbitrators – 3. Challenges under the Arbitration Act 1996

The author: Sir Rupert Jackson is a retired Lord Justice of Appeal and a former President of the Society of Construction Law.

Text: 9 pages

Paper number: 
October 2019, printed and online, 1.3MB

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