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Arbitration Act 1996 s 68(2)(g) serious irregularity: challenging awards for fraud or contravention of public policy—principles, causation, evidence, culpability and preliminary inquiry (England and Wales)

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Practice notes

This Practice Note considers serious irregularity challenges in England and Wales where an arbitral award is tainted by fraud, or the award, or its procurement, offends public policy under section 68(2)(g) of the Arbitration Act 1996 (AA 1996). Where appropriate, it should be read alongside the Practice Notes: AA 1996—challenging the award on grounds of serious irregularity (s 68) and AA 1996—challenging the award—categories of serious irregularity (s 68).

Grounds of serious irregularity—obtained by fraud or contrary to public policy

AA 1996, s 68 sets out nine exhaustive categories of serious irregularity by which a party may impeach an arbitral award. Under s 68(2)(g), serious irregularity arises where:

the award is procured by fraud, or
the award, or the manner in which it was obtained, is contrary to public policy

As with every alleged serious irregularity, the English court’s approach to s 68(2)(g) indicates that only a very robust application will justify the exercise of its powers under s 68(3)...

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Web page updated on 21/05/2026

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