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Legal Updates In The UK

March 4, 2025

Increase in Award Challenges and Injunction Applications in the English Commercial Court (2023-2024)

Commercial Court Report 2023–2024 highlights a sharp rise in arbitration-related claims and challenges under the Arbitration Act 1996.

The Courts and Tribunals Judiciary has released the <a href="https://www.judiciary.uk/guidance-and-resources/commercial-court-annual-report-2023-24/" target="_blank" class="news-text_link">Commercial Court Report for 2023-2024</a>, revealing significant trends in arbitration-related claims in the English Commercial Court. Arbitration claims accounted for approximately 20% of the cases filed during this period, encompassing applications for injunctions, enforcement of awards, appointment of arbitrators and challenges under the <span class="news-text_italic-underline">Arbitration Act 1996</span> (“<span class="news-text_medium">AA 1996</span>”).

Notably, the number of applications for arbitral award challenges and injunctive relief has risen. For example, under Section 67 of the AA 1996 (lack of substantive jurisdiction), 24 applications were made, representing a 242% increase from the previous year. Of the eight applications determined, only one was successful. Section 68 (serious irregularity) saw 37 applications, a 37% increase, with the majority still pending or dismissed. Similarly, Section 69 (appeals on a point of law) recorded 52 applications, a 40% rise, with permission granted in only 10 cases. In addition to award challenges, applications for injunctions under Section 44 of the AA 1996 saw a 150% increase, with 50 applications made compared to 20 the previous year.

The report also notes the recent royal assent of the <span class="news-text_italic-underline">Arbitration Act 2025</span> but does not discuss the anticipated changes to the Civil Procedure Rules concerning Section 67 challenges. These statistics reflect the growing importance of arbitration-related applications in the English Commercial Court.

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