| Commentary

57.4 Tribunal exceeding its powers

| Commentary

57.4 Tribunal exceeding its powers1

In Lesotho Highlands Development Authority v Impregilo SpA2, the House of Lords distinguished between an arbitral tribunal’s purported exercise of a power that it does not have, and the erroneous exercise of a power that it does have, and held that only the former will give rise to a challenge under this head3. When assessing whether a tribunal has exceeded its powers, the courts will consider the arbitration agreement, the terms of the reference and the provisions of the Arbitration Act 1996, as well as all the circumstances of the case4.

Challenges

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