The court considered the situation where a defendant to an arbitration award enforcement application now challenged the arbitrator’s jurisdiction.
Held: Simon Brown LJ said: ‘The position can I think be summarised in the following two propositions. (1) If a defendant to a Part 24(2) application has submitted to the adjudicator’s jurisdiction in the full sense of having agreed not only that the adjudicator should rule on the issue of jurisdiction but also that he would then be bound by that ruling, then he is liable to enforcement in the short term, even if the adjudicator was plainly wrong on the issue. (2) Even if the defendant has not submitted to the adjudicator’s jurisdiction in that sense, then he is still liable to a Part 24(2) summary judgment upon the award if the adjudicator’s ruling on the jurisdictional issue was plainly right.’
Judges:
Simon Brown LJ
Citations:
[2003] EWCA Civ 1494
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Aedifice Partnership Ltd v Shah TCC 10-Aug-2010
The defendant challenged the arbitration enforcement saying that there had been no contract and therefore no jurisdiction for the arbitration. . .
Lists of cited by and citing cases may be incomplete.
Construction, Arbitration
Updated: 08 June 2022; Ref: scu.187581
