Section 67: Challenging the award: substantive jurisdiction., Arbitration Act 1996

The arbitral tribunal may continue the arbitral proceedings and make a further award while an application to the court under this section is pending in relation to an award as to jurisdiction.

On an application under this section, the court may by order—

confirm the award,

vary the award,

remit the award to the tribunal, in whole or in part, for reconsideration,

set aside the award, in whole or in part, or

declare the award to be of no effect, in whole or in part.

The court must not exercise its power to set aside or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the tribunal for reconsideration.

Rules of court about the procedure to be followed on an application under this section may, in particular, include provision within subsection (3C) in relation to a case where the application—

relates to an objection as to the arbitral tribunal's substantive jurisdiction on which the tribunal has already ruled, and

is made by a party that took part in the arbitral proceedings.

Provision is within this subsection if it provides that subject to the court ruling otherwise in the interests of justice—

a ground for the objection that was not raised before the arbitral tribunal must not be raised before the court unless the applicant shows that, at the time the applicant took part in the proceedings, the applicant did not know and could not with reasonable diligence have discovered the ground;

evidence that was not put before the tribunal must not be considered by the court unless the applicant shows that, at the time the applicant took part in the proceedings, the applicant could not with reasonable diligence have put the evidence before the tribunal;

evidence that was heard by the tribunal must not be re-heard by the court.

Subsection (3B) does not limit the generality of the power to make rules of court.

The leave of the court is required for any appeal from a decision of the court under this section.

Section 67: Challenging the award: substantive jurisdiction.

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