| Commentary

56.1 Overview of the ground

| Commentary

56 Challenge on ground of lack of substantive jurisdiction

56.1 Overview of the ground

Under the Arbitration Act 1996 Section 67, a party may, upon notice to the other parties and to the tribunal, apply to court:

  1. 56.1.1

        challenging any award of the tribunal as to its substantive jurisdiction1 (Section 67(1)(a)); or

  2. 56.1.2

        seeking an order declaring an award made by the tribunal on the merits to be of no effect, in whole or in part, because the tribunal did not have substantive jurisdiction (Section 67(1)(b)).

An application under Section 67(1)(a) is available when there is an award

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