i-law

Arbitration Law Monthly

The constitution of the arbitral tribunal

Waiver and substantial injustice

In Mohsin v Commonwealth Secretariat [2002] EWHC 377 (Comm), a decision of David Steel J, the claimant alleged that the arbitral tribunal had without her knowledge been incorrectly constituted. The case considers the remedies available in such a case, the waiver principle and also the constitutional status of the Commonwealth Secretariat.

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

If you are already a subscriber, click Log In button.

Copyright © 2025 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.