Berkeley Burke Sipp Administration LLP v Charlton (Financial Ombudsman Service intervening)

Arbitration – Award. The parties had participated in the complaint resolution scheme established by the Financial Services and Markets Act 2000, which was not an arbitration agreement and could only be challenged by means of judicial review. Accordingly, the Commercial Court answered a preliminary issue that an ombudsman's decision had not been given pursuant to an arbitration agreement within the Arbitration Act 1996 s 6, his decision had not been an arbitration award and that the applicant's application for permission to appeal from that decision had to be dismissed.

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