AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32)
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  • AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32)
  • What is the relevant procedure?

AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32)

A party wishing to challenge an arbitral tribunal’s substantive jurisdiction over a dispute prior to an award being issued can do so to the tribunal under section 31 of the Arbitration Act 1996 (AA 1996) or to the court under AA 1996, s 32.

For more information on challenging jurisdiction pre-award under the AA 1996, including further consideration of the substance of applications made pursuant to AA 1996, ss 31 and 32, see Practice Note: AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32).

What is the relevant procedure?

The applicable procedure is set out in full in Practice Note: AA 1996—starting arbitration claims in court.

The following additional points apply specifically to applications under AA 1996, s 32:

  1. where the arbitration claim is made without the agreement in writing of all the other parties to the arbitral proceedings but with the permission of the arbitral tribunal, the written evidence or witness statements filed by the parties must set out any evidence relied on by the parties in support of their contention that the court should, or should not, consider the claim (CPR PD 62, para 9.2)

  2. as soon as practicable after the written evidence is filed, the court will decide whether or not it should consider the claim and, unless the court otherwise directs, will

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