Jurisdiction(s):
United Kingdom

Arbitration finality reaffirmed: England and Wales Court of Appeal severs unlimited amendment clause; s 57 AA 1996 corrections must be time‑limited; Beth Din award enforceable in Gluck v Endzweig

Published on: 10 March 2026

Published by a LexisNexis Arbitration expert

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Article summary

Gluck v Endzweig and another [2026] EWCA Civ 145 What are the practical implications of this case?

This ruling is of immediate relevance to practitioners who draft or advise on arbitration clauses, especially where the nominated forum lies beyond the mainstream of institutional commercial arbitration. A Beth Din, a Sharia panel, or an analogous body may assume an ongoing pastoral or faith-based mandate to revisit its decisions—an assumption that directly clashes with the AA 1996 enforcement architecture. Parties seeking to refer disputes to such forums while still preserving the capacity to enforce any award must recognise that these aims are not invariably compatible. Any contractual power to correct or supplement should be time-limited: AA 1996, s 57(4) offers a sound template, allowing correction within twenty-eight days of the award date, or within any longer period the parties may agree. The court’s method of analysis also matters. Finality did not flow from AA 1996, s 58 (a non-mandatory provision) but from the essential legal character of an arbitration agreement. In other words, finality stemmed from the idea of an arbitral bargain, rather than the default nature of section 58...

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