How to challenge an arbitrator's jurisdiction under the English Arbitration Act (Part 1)
How to challenge an arbitrator's jurisdiction under the English Arbitration Act (Part 1)
- 2001
- Asian Dispute Resolution June 2001, 10-12(3) .
Describes two of the options available to a party served with a notice asking them to appoint an arbitrator or risk having the other party's arbitrator made the sole arbitrator where the existence of a contract containing an arbitration clause is in dispute. The arbitral tribunal can be asked to decide itself whether or not it has jurisdiction, although this can prove costly where an appeal is taken to the court, or a request can be made to the HC to decide the issue as a preliminary point. Case law.
APPEALS
ARBITRATION ACT 1996
ARBITRATION ACT 1996 S67
ARBITRATION ACT 1996 S67
ARBITRATION ACT 1996 S74
CIVIL PROCEDURE RULES
CIVIL PROCEDURE RULES PART 49
JURISDICTION
Describes two of the options available to a party served with a notice asking them to appoint an arbitrator or risk having the other party's arbitrator made the sole arbitrator where the existence of a contract containing an arbitration clause is in dispute. The arbitral tribunal can be asked to decide itself whether or not it has jurisdiction, although this can prove costly where an appeal is taken to the court, or a request can be made to the HC to decide the issue as a preliminary point. Case law.
APPEALS
ARBITRATION ACT 1996
ARBITRATION ACT 1996 S67
ARBITRATION ACT 1996 S67
ARBITRATION ACT 1996 S74
CIVIL PROCEDURE RULES
CIVIL PROCEDURE RULES PART 49
JURISDICTION