Jennifer Haywood for Lexis Nexis: ‘A successful challenge under s68 of the Arbitration Act 1996 (Djanogly v Djanogly)’

In her latest arbitration analysis for LexisNexis, Jennifer Haywood writes:  'A successful challenge under s68 of the Arbitration Act 1996 (Djanogly v Djanogly)'

The court set aside an arbitral award pursuant to section 68(2) because the arbitral tribunal had failed to address a defence (limitation) raised by the claimant. Had it done so, it might well have reached a conclusion favourable to the claimant. The court held that Jewish law is not the law of ‘any other country’ and it does not therefore displace English limitation law. Section 13 of the Arbitration Act 1996 (AA 1996) provides that the Limitation Acts apply to arbitrations as they apply to court proceedings and, as the Foreign Limitation Periods Act 1984 (FLPA 1984) did not apply, the Limitation Act 1980 (LA 1980) applied. 

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