Arbitration Law Monthly
Jurisdiction: preclusion of jurisdictional challenges
In National Iranian Oil Co v Crescent Petroleum Co International Ltd and Another [2022] EWHC 2641 (Comm) Butcher J restated with some modifications the principles underlying the bar to jurisdictional challenges under section 73 of the Arbitration Act 1996. The issue is whether the jurisdictional grounds upon which an objection was made in the arbitration are the same as those relied upon in a challenge to the award under section 67.
NIOC: the facts