Commentary

56.3 Rehearing of the issue of jurisdiction

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

56.3 Rehearing of the issue of jurisdiction

| Commentary

56.3 Rehearing of the issue of jurisdiction

An application under the Arbitration Act 1996 Section 67 will be conducted by way of a complete rehearing of the issue of jurisdiction, not merely a review of any ruling by the tribunal on the matter1. The court will determine the issue by reference to the law governing the arbitration agreement between the parties2, and may admit fresh evidence that was not considered by the tribunal3.

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial