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Arbitration Law Monthly

Challenging the jurisdiction of arbitrators

Leibinger and another v Stryker Trauma GmbH [2006] EWHC 690 (Comm), a decision of Cooke J, raised a number of issues affecting the procedures which govern an application under s67 of the Arbitration Act 1996, challenging the jurisdiction of an arbitrator. The main questions were whether a challenge could be made in England if it had been dismissed in a foreign court, and whether fresh grounds could be added to an arbitration claim form after time for its issue had expired.

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