Serious irregularity

Procedural errors

In Hawk Shipping Ltd v Cron Navigation Ltd [2003] EWHC 1828 (Comm) the award of an arbitrator was challenged for alleged serious irregularity which consisted of failure to correct an award and taking a stance on the facts which had not been brought to the attention of the applicant. Toulson J dismissed both allegations, and in so doing confirmed that a court will not countenance a use of the serious irregularity provisions of s68 Arbitration Act 1996 which in essence amounts to a disguised attempt to challenge an award for its factual findings or for its conclusions of law.