AA 1996—loss of right to object (s 73)
AA 1996—loss of right to object (s 73)

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • AA 1996—loss of right to object (s 73)
  • What does the legislation provide?
  • Raising an objection
  • Taking part or continuing to take part
  • Knowledge of the objection
  • Waiving the right to challenge an award on jurisdiction
  • Related content

Section 73 of the Arbitration Act 1996 (AA 1996) is intended to ensure that parties raise any objection to the arbitral process as soon as the objection is known. This is intended to prevent parties raising objections at late stages of the arbitration thereby wasting time and costs and playing tactical games.

What does the legislation provide?

AA 1996, s 73 states that:

.(1)     If a party to arbitral proceedings takes part, or continues to take part, in the proceedings without making, either forthwith or within such time as is allowed by the arbitration agreement or the tribunal or by any provision of this Part, any objection—

(a)     that the tribunal lacks substantive jurisdiction,

(b)     that the proceedings have been improperly conducted,

(c)     that there has been a failure to comply with the arbitration agreement or with any provision of this Part, or

(d)     that there has been any other irregularity affecting the tribunal or the proceedings,

he may not raise that objection later, before the tribunal or the court, unless he shows that, at the time he took part or continued to take part in the proceedings, he did not know and could not with reasonable diligence have discovered the grounds for the objection.

(2)     Where the arbitral tribunal rules that it has substantive jurisdiction and a party to arbitral proceedings who could have questioned that