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L G Caltex Gas Co Ltd v National Petroleum Corporation and Another: CA 15 May 2001

Section 67(1)(a) applies both when a tribunal finds that it has jurisdiction and also when it declines jurisdiction. The respondent said that an informal agreement with the claimant to allow jurisdiction was limited to certain issues only. While an arbitral tribunal is entitled to determine whether it has jurisdiction, its decision on that issue is not binding on the parties.

Judges:

Lord Phillips MR, Pill, Keene LJJ

Citations:

[2001] 2 All ER (Comm) 97, [2001] EWCA Civ 788, [2001] CLC 1392, [2001] BLR 325, [2001] 4 All ER 875, (2001) 3 TCLR 22, [2001] 1 WLR 1892

Links:

Bailii

Statutes:

Arbitration Act 1996 67 73

Jurisdiction:

England and Wales

Jurisdiction, Arbitration

Updated: 11 June 2022; Ref: scu.201061

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