[2025] EWCA Civ 998

Section 67(3) AA 1996 provides that:

‘On an application under this section challenging an award of the arbitral tribunal as to its substantive jurisdiction, the court may by order—

(a)

confirm the award,

(b)

vary the award,

(c)

set aside the award in whole or in part.’

Although the subsection does not mention remission, it is common ground that the court’s powers include a power to remit the award to the arbitral tribunal for reconsideration. In this respect section 10 of the Arbitration Act 2025, amending section 67(3) to include an express power to remit, is declaratory of the existing law, as explained by the Law Commission in its Report (Law Com No. 413, paras 9.140 and 9.143).