The following Arbitration practice note Produced in partnership with Latham and Watkins LLP provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11:00 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on a subject impacted by these changes. Before continuing your research, see: Arbitration—IP completion day—checklist.
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). 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.
AA 1996, s 30(1) enshrines the principle of kompetenz-kompetenz (or competence-competence) in English arbitration law. This principle (as found in Article 16 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the Model Law)) provides that the tribunal should be able to rule whether it has jurisdiction to determine the dispute referred to it.
AA 1996, s 30(1) provides that:
'Unless otherwise agreed by the
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
This Practice Note provides a high-level introduction to diversity and inclusion (D&I) and key reasons why it is important to law firms. Specific aspects of D&I are covered in more detail in Practice Notes:•The growing focus on diversity and inclusion (D&I) in law firms•Unconscious bias—law
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.