Challenging awards

In a useful two-page article in the New Law Journal of 30 January, Jonathan Cohen of Duane Morris considered two rare successful challenges of arbitration awards on the grounds of ‘serious irregularity’. The cases were Van Der Giessen-De-Noord Ship Building Division BV v Imtech Marine & Offshore [2008] EWHC 2904 (Comm) and Metropolitan Property Realisations Ltd v Atmore Investments Ltd [2008] EWHC 2925 (Ch). Mr Cohen observed that the threshold for judicial intervention is extremely high and that substantial injustice must be evidenced. He advised caution needed to be exercised however disappointing the result and however tempting the prospect of a challenge. He identified the following principles: