Enforcement of award: jurisdiction

The procedures for challenging an award for want of jurisdiction are clearly set out in the Arbitration Act 1996. Under section 67 there is a right of appeal against an award on the ground of want of jurisdiction. However, there is a 28-day time limit for an appeal. If no appeal is brought within that period, the award can be enforced by an application under section 66 of the 1996 Act.

However, section 72 confers upon a person the right to refuse to participate in an arbitration: this section preserves the right of such a person to contest jurisdiction at the enforcement stage. However, section 73(2) removes that right from a person who has taken part in the arbitration proceedings but not appealed in time under section 67. In Frontier Agriculture Ltd v Bratt Brothers [2015] EWCA Civ 611 the question was whether BB could contest enforcement under section 66, which turned upon whether or not BB had taken part in the arbitration.