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Arbitration highlights: functus officio and s 68 correction decisions; s 42 enforcement of anti-suit orders; Swiss challenge limits; SIAC 2025 reforms; VIAC statistics; institutional updates; sports arbitration rulings

Published on: 15 January 2026

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Arbitration in England & Wales

Functus officio revisited: arbitral correction decisions as evidence in section 68 AA 1996 challenges

What weight attaches to a tribunal’s refusal to correct an award? In Seacrest v BCP [2025] EWHC 3266 (Comm), the court grappled with this point when faced with an application to set aside for serious irregularity under section 68 of the Arbitration Act 1996 (AA 1996). The claimant, Seacrest Group Ltd (‘Seacrest’), maintained that the tribunal breached due process in its award in an arbitration between Seacrest and the defendants, BCPR PTE Ltd and Bangchak Corporation Public Company Ltd (together, ‘BCP’), by failing to engage with a contention advanced by Seacrest for the first time in its written closing—and then, compounding matters, erred again by declining to correct that part of the award...

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