Jurisdiction: meaning of “substantive jurisdiction”

An appeal may be made against an arbitration award on jurisdictional grounds under section 67 of the Arbitration Act 1996. Section 67 applies only where the tribunal has erred in its approach to “substantive jurisdiction”, a term defined in section 30. The courts have construed section 30 narrowly, to prevent decisions on construction being converted into jurisdictional issues.

Petroleum Company of Trinidad and Tobago Ltd v Samsung Engineering Trinidad Co Ltd [2017] EWHC 3055 (TCC) demonstrates that it is not possible to challenge an arbitral award under section 67 where the real issue is the correctness of the tribunal’s decision.