- LCIA award on jurisdiction set aside under AA 1996, s 67 (A v B)
- What are the practical implications of this judgment?
- What was the background?
- What did the court decide?
- The validity of the Request
- Loss of the right to object
- Case details
Arbitration analysis: Mr Justice Phillips in the Commercial Court granted an application pursuant to section 67 of the Arbitration Act 1996 (AA 1996) challenging an arbitral award for lack of substantive jurisdiction. The court found that the claimant (B)’s Request for Arbitration (Request) in London Court of International Arbitration (LCIA) arbitration proceedings was invalid, with the result that the tribunal did not have jurisdiction to make the challenged award. The court further found that the respondent (A) had not lost the right to challenge the tribunal’s jurisdiction as it objected not later than the time for its Statement of Defence. The judgment is of interest due to its consideration of what makes a valid Request and the timing of challenges to jurisdiction.
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