The jurisdiction of arbitrators (Record no. 67406)

MARC details
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fixed length control field 01979cam a2200253 4500
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control field X113190
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fixed length control field 000000n2001 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u113190
245 #4 - TITLE STATEMENT
Title The jurisdiction of arbitrators
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2001
490 ## - SERIES STATEMENT
Series statement Arbitration Law Monthly
Volume/sequential designation 1(3) April 2001, 1-5(3)
520 ## - SUMMARY, ETC.
Summary, etc. Reports on "LG Caltex Gas Co Ltd and Conitgroup Companies Inc v China National Petroleum Co and China Petroleum Technology and Development Corporation" where it was ruled that the existence of an ad hoc agreement regarding the arbitrator's jurisdiction can be challenged under the Arbitration Act 1996 s67; that if such an agreement isfound to be valid then neither party can challenge the arbitrator's right to make the award and s67 ceases to be material; and that by appearing in the arbitration and not raising any objection a party may lose its right to challenge the validity of the ad hoc agreement except where there is an express reservation of rights. It was also held that where the validity is successfully challenged the court is entitled, by means of an application under s67, to examine if the arbitrator had considered the jurisdictional issues correctly in making the award, providing that the applicant had not lost his right to object. If the challenge is unsuccessful then the only the merits of the award can be challenged under s68.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element AD HOC AGREEMENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
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Topical term or geographic name entry element ARBITRATION ACT 1996 S67
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Topical term or geographic name entry element ARBITRATION ACT 1996 S73
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Topical term or geographic name entry element ARBITRATORS' JURISDICTION
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Topical term or geographic name entry element JURISDICTION
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LG CALTEX GAS CO LTD AND CONTIGROUP COMPANIES INC V CHINA PETROLEUM TECHNOLOGY AND DEVELOPMENT LTD
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Topical term or geographic name entry element RESERVATION OF RIGHTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WAIVER PRINCIPLE
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     London London Journal article 20/06/2001   X113190 113190-1001 06/08/2019 1 06/08/2019 Journal article