We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

9 THE JURISDICTION OF ARBITRATORS

Arbitration Law

Chapter 9 THE JURISDICTION OF ARBITRATORS LEGISLATIVE APPROACH TO QUESTIONS OF JURISDICTION 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:

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more