000			01979cam a2200253 4500
001			X113190
008			000000n2001 000 0 eng u
035			_a(Sirsi) u113190
245		4	_aThe jurisdiction of arbitrators
260			_c2001
490			_aArbitration Law Monthly _v1(3) April 2001, 1-5(3)
520			_aReports 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			_aAD HOC AGREEMENTS
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650			_aARBITRATION ACT 1996 S67
650			_aARBITRATION ACT 1996 S73
650			_aARBITRATORS' JURISDICTION
650			_aJURISDICTION
650			_aLG CALTEX GAS CO LTD AND CONTIGROUP COMPANIES INC V CHINA PETROLEUM TECHNOLOGY AND DEVELOPMENT LTD
650			_aRESERVATION OF RIGHTS
650			_aWAIVER PRINCIPLE
690			_aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942			_n0
999			_c67406 _d67406