Hen's Teeth ? Successful Article 34 Applications before Dublin High Court

Hen's Teeth ? Successful Article 34 Applications before Dublin High Court

From 2010 to 2023 there have been around 45 applications to the High Court in Dublin under the 2010 Arbitration Act. No contested application to set aside an Award has, it seems, yet been granted.

Most recently in 2022 an Award was set aside before the then assigned arbitration judge Mr. Justice Sanfey, New twist in rent dispute over fast food restaurant in Limerick - Limerick Live (limerickleader.ie), but one of the parties though served did not appear. As a result there is no judgment in relation to this uncontested application which in the circumstances was understood to be relatively brief.

Some years earlier an Award was set aside on consent before Mr. Justice McGovern. It may be that other Awards have been set aside on consent but anecdotally it would seem that we are in hen's teeth territory.

Andrew Parsons FCIArb

Barrister - Mediatior - Arbitrator - The "quiet man on the corner" in dispute resolution

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Arran, The lack of success of such applications is to be expected, and it's consistent with the policy in most jurisdictions to support arbitral awards, save for in limited circumstances. To my mind, it shows that Irish arbitral law is very much on track. P.S. I think the chicken in the photo is a rooster rather than a hen - If like me you've been attacked and bitten by a rooster, you'd appreciate the difference! Best wishes, Andrew

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