Arbitration Law Monthly

Section 72 of the Arbitration Act 1996 provides a specific mechanism for a person to challenge an arbitration award against him where that person was not a party to the arbitration. In Sino Channel Asia Ltd v Dana Shipping and Trading Pte Singapore and Another [2016] EWHC 1118 (Comm) the procedural issue was whether section 72 could be relied upon after the award had been issued, or whether it was necessary for a challenge to be brought under the usual mechanism for contesting an award allegedly made without jurisdiction, section 67 of the 1996 Act. The substantive issue was whether the applicant had in fact been a party to the arbitration proceedings