Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Set aside definition

What does Set aside mean? In practice, to set aside means the court vacates (cancels) a judgment, order or procedural step so the case reverts to the position before it was made or taken. The expression is used across civil and insolvency procedure and reflected in court rules and case law rather than a single statutory definition. Usage is broadly consistent in England & Wales, Northern Ireland and Ireland; in Scotland the equivalent remedies are “recall” (of decree/interlocutor) or “reduction”, though practitioners may use “set aside” descriptively. Typical applications to set aside include: default judgment; orders made without notice (ex parte); steps taken following irregular service...

England and Wales Commercial Court: draft order setting aside sole arbitrator’s appointment under Arbitration Act 1996 s 17 or for want of contractual authority

Published by a LexisNexis Arbitration expert

Precedents

In the High Court of Justice

Business and Property Courts of England and Wales
Commercial Court (QBD)
Claim No [ Claim number ]

Between:
1 JFK Ltd — Claimant/Respondent
- and -
2 LHR Ltd — Defendant/Claimant

[Draft] Order

Upon hearing counsel for the Claimant and the Defendant

[

It is ordered that

By virtue of section 17(3) of the Arbitration Act 1996, the appointment of Mr Jones as the sole arbitrator is Set aside.
The Defendant shall be responsible for the Costs of this application.

It is declared that

Under clause 15 of the licensing and marketing agreement between the parties dated 10 October 2012, Mr Jones has no Authority to act as sole arbitrator of the dispute, and his appointment is forthwith set aside.

It is ORDERED that

The Defendant shall be responsible for the costs of this application.

]...

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Web page updated on 22/05/2026

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