60 Loss of right to object

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

| Commentary

60 Loss of right to object

| Commentary

60 Loss of right to object

Pursuant to the Arbitration Act 1996 Section 73(1), if a party takes part in or continues to take part in the arbitral proceedings without promptly raising any objection:

60.1
as to jurisdiction; and/or
60.2
that there has been an irregularity in the proceedings,

it may lose its right to challenge the tribunal’s award under Section 67 or 68 respectively¹.

A party should raise any jurisdictional objection arising at the outset of the arbitral proceedings by no later than the time when it takes the first step in the proceedings to contest the merits², and must raise

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67.3 The arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made

67.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

67.5 The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration

67.6 The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country in which the arbitration took place

67.7 The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

60 Loss of right to object

60 Loss of right to object

60 Loss of right to object

C: ARBITRATION

61 Time limits for an application or appeal

62 Non-participants

63 Security for costs and payment into court

64 Enforcement of awards under Arbitration Act 1996

65 Enforcement of awards under English common law

66 Enforcement of New York Convention awards

67.1 Overview of the grounds

67.2 A party to the arbitration agreement was (under the law applicable to him) under some incapacity

67.3 The arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made

67.4 The party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case

67.5 The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration

67.6 The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country in which the arbitration took place

67.7 The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made

67.8 The matter is not capable of settlement by arbitration, or it would be contrary to public policy to recognise or enforce the award

68 Discretion to enforce an award

69 Enforcement of ICSID Convention awards

70 Enforcement of Geneva Convention awards

71 Enforcement of foreign awards not falling under any of the above conventions

72 State immunity from execution

73 Execution measures

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60 Loss of right to object

60 Loss of right to object

60 Loss of right to object

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