Binding effect of arbitration award: status of the Financial Ombudsman Service

In Berkeley Burke SIPP Administration LLP v Charlton and Another [2017] EWHC 2396 (Comm) Teare J decided that the Financial Ombudsman Service was not an arbitrator because its rulings were not binding on the complainant. The decision discusses section 58 of the Arbitration Act 1996, and makes the important point that there can only be an arbitration award if there is an underlying arbitration agreement within section 6 of the 1996 Act.

Charlton : the facts