Arbitration Law

Chapter 9



Jurisdictional and non-jurisdictional issues

9.1 Apart from in one exceptional case, arbitrators are capable of being given the exclusive power to determine the legal consequences of all of aspects of the dispute between the parties; whether or not such power has been given depends upon the proper construction of the arbitration agreement and upon whether the power of the courts to review a decision for error of law under s 69 of the Arbitration Act 1996 has been excluded. The exception relates to the very jurisdiction of the arbitrators to hear the dispute. Jurisdictional issues can arise in a number of contexts, but for the purposes of the 1996 Act a question of jurisdiction is, under s 30(1) of the Act, any of the following, referred to as the “substantive jurisdiction” of the arbitrators.1

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