57.2 Substantive jurisdiction

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ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

57.2 Substantive jurisdiction

Copyright © 2025 LexisNexis

| Commentary

The term ‘substantive jurisdiction’ is defined in the Arbitration Act 1996¹ as referring to three matters²:

57.2.1
whether there is a valid arbitration agreement between the parties;
57.2.2
whether the tribunal has been properly constituted; and
57.2.3

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C: ARBITRATION

57.3 Rehearing of the issue of jurisdiction

57.4 Remedies

57.5 Appeals

58.1 Overview of application

58.2 Serious irregularity

58.3 Failure by arbitral tribunal to comply with its general duty

58.4 Tribunal exceeding its powers

58.5 Failure by arbitral tribunal to conduct proceedings in accordance with agreed procedure

58.6 Failure by arbitral tribunal to deal with all the issues put to it

58.7 Exceeding of powers by arbitral or other institution or person vested by the parties with powers in relation to the proceedings or the award

58.8 Uncertainty or ambiguity as to the effect of the award

58.9 Award obtained by fraud or award (or the way in which it was procured) being contrary to public policy

58.10 Failure to comply with requirements as to the form of award

58.12 Substantial injustice

58.13 Remedies

58.14 Appeals

59.1 Overview of appeal procedure

59.2 Question of law

59.3 Facts and law

59.4 Availability of appeal