The arbitrator’s award was to the effect that two parties were not party to the contracts containing the arbitration agreements, and that they were therefore not liable to the applicants. The applicants contended that the award was a finding as to jurisdiction which was susceptible to challenge, and the respondents asserted that it was a finding as to their liability under the contract and was unchallengeable. In this case there had been no ad hoc agreements over and above the contracts at issue, to submit to the jurisdiction of the arbitrator. Where an issue as to jurisdiction also went to liability, it was open to the parties to re-open the award by litigation.
Citations:
Times 06-Jun-2001, Gazette 28-Jun-2001
Statutes:
Arbitration Act 1996 67(1)(a) 73
Jurisdiction:
England and Wales
Citing:
Appeal from – Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another QBD 23-Feb-2001
Parties submitting a dispute to arbitration have the power also to agree that neither should have the power to challenge the decision of the arbitrator in court. That had been the position at common law, and this had survived the Act. The agreement . .
Cited by:
Appealed to – Lg Caltex Gas Co Ltd and Another v China National Petroleum Corporation and Another QBD 23-Feb-2001
Parties submitting a dispute to arbitration have the power also to agree that neither should have the power to challenge the decision of the arbitrator in court. That had been the position at common law, and this had survived the Act. The agreement . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 08 May 2022; Ref: scu.83060