AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)

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Practice notes

AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)

Copyright © 2025 LexisNexis

Produced in partnership with Latham & Watkins

Practice notes
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STOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?

This Practice Note considers the bases on which an arbitral tribunal’s substantive jurisdiction can be challenged before an award is made, pursuant to the Arbitration Act 1996 (AA 1996), in force in England, Wales and Northern Ireland. This Practice Note should be read in conjunction with Practice Note: AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32).

For guidance on post-award challenges and appeals under AA 1996, see Practice Note: AA 1996—challenging and appealing arbitral awards in the English court.

The principle of kompetenz-kompetenz

AA 1996, s 30(1) enshrines the principle of kompetenz-kompetenz (or competence-competence) in English arbitration law. This principle (which is also contained in Article 16 of the united nations commission on international trade law (UNCITRAL) Model Law on International commercial arbitration (the Model Law)) provides that

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