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Hannah Markham KC and Christopher Hames KC (instructed by BloomBudd LLP) for the Applicant Gemma Borkowski (instructed by Harrison Clark Rickerbys Solicitors) for the Respondent Hearing date: 9 November 2022 ____________________
i) A challenge to an arbitration award is not confined to the limited grounds set out in the Arbitration Act 1996 which (other than a challenge to jurisdiction under s67) are; (a) an application to set the award aside on the ground of serious irregularity (s68); and/or (b) an appeal on a point of law of law (s69).
ii) The court has an independent, statutory duty to survey the fairness of any financial remedies order which is sought to implement the arbitral award.
ii) The party challenging the award should submit a skeleton argument not exceeding 20 pages, and the party seeking to uphold the award "may file a short skeleton in response".
iii) The papers shall be placed before a circuit judge to conduct a "triage/paper" exercise and decide whether the permission to appeal test has been passed. If it has, direction will be given for an inter partes hearing. If not, an order will be drawn in the terms of the arbitration award.
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