What Remedies Are Available Where One Party Denies That The Tribunal Has Jurisdiction To Determine The Dispute?

What remedies are available where one party denies that the tribunal has jurisdiction to determine the dispute?

Free Legal Advice - arbitration

Posted by: Jayant Makkar

Posted on: 2018-09-13

If the arbitral tribunal rules that it has the jurisdiction under section 16(5), that decision is not appealable and the arbitral proceeding must continue. The only remedy available to an aggrieved party is to challenge the award under section 34. However, if the arbitral tribunal rules that it does not have jurisdiction, then that decision can be appealed before a court under section 37(2).

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What Remedies Are Available Where One Party Denies That The Tribunal Has Jurisdiction To Determine The Dispute?