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In Gluck v Endzweig [2026] EWCA Civ 145, the English Court of Appeal has confirmed that an arbitration clause purporting to allow arbitrators to amend or change their award “at any time” is repugnant to the arbitration agreement as a whole, and would be disregarded. The clause was held to be fundamentally incompatible with the requirement, under English law, that any valid arbitration agreement must be capable of producing a final and binding award.
Our Directors, Jiaxiang Zhuo and Colin Liew, share insights: arbitration clauses must guarantee finality, as overly broad arbitrator powers risk making awards unenforceable here.
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