Arbitration Act 2025

10 Challenging the award: remedies available to the court

(1) Section 67 of the Arbitration Act 1996 (challenging the award: substantive jurisdiction) is amended as follows.

(2) In subsection (1), for paragraph (b) substitute—

“(b) challenging an award made by the tribunal on the merits because the tribunal did not have substantive jurisdiction.”

(3) For subsection (3) substitute—

“(3) On an application under this section, the court may by order—

(a) confirm the award,

(b) vary the award,

(c) remit the award to the tribunal, in whole or in part, for reconsideration,

(d) set aside the award, in whole or in part, or

(e) declare the award to be of no effect, in whole or in part.

(3A) The court must not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.”