Commentary

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

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

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

| Commentary

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 arbitration1

This ground for resisting enforcement of a New York Convention2 award applies where it is alleged that the tribunal lacked substantive jurisdiction or exceeded the scope of its jurisdiction. The court is likely to take a similar approach to that adopted when considering a jurisdictional challenge to an award under the Arbitration Act 1996 Section 673. The court will determine the question

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