Jurisdiction: loss of right to object

Tecnicas Reunidas Saudia for Services & Contracting Co Ltd v Petroleum Chemicals and Mining Co Ltd [2025] EWHC 1785 (Comm); [2025] 2 Lloyd's Rep 59 raised more or less the same issues discussed by the Court of Appeal in Czech Republic v Diag Human SE [2025] EWCA Civ 588; [2025] 1 Lloyd's Rep 458.

If Party A has a jurisdictional objection to an arbitration but does not raise it at the outset of the arbitration, and the arbitrators go on without objection from Party B to resolve the jurisdictional issue in Party B's favour, can Party B rely upon Party A's failure to comply with the timeliness requirement to preclude any appeal by Party A against the adverse jurisdictional ruling in the award? Bryan J, following Czech Republic, held that in those circumstances Party A is not precluded from appealing to the court under section 67 of the Arbitration Act 1996.