AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)

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Practice notes

AA 1996—challenging an arbitral tribunal’s jurisdiction pre-award (ss 31 and 32)

Produced in partnership with Latham & Watkins

Practice notes

This Practice Note considers the bases on which an arbitral tribunal’s substantive jurisdiction can be challenged before an award is made, pursuant to the Arbitration Act 1996 (AA 1996), in force in England, Wales and Northern Ireland. This Practice Note should be read in conjunction with Practice Note: AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32).

For guidance on post-award challenges and appeals under AA 1996, see Practice Note: AA 1996—challenging and appealing arbitral awards in the English court.

The principle of kompetenz-kompetenz

AA 1996, s 30(1) enshrines the principle of kompetenz-kompetenz (or competence-competence) in English arbitration law. This principle (which is also contained in Article 16 of the united nations commission on international trade law (UNCITRAL) Model Law on International commercial arbitration (the Model Law)) provides that the tribunal should be able to rule on whether it has jurisdiction to determine the dispute referred to it.

AA 1996, s 30(1) provides that:

'Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction,

Jurisdiction(s):

United Kingdom

Key definition:

The United Nations Commission on International Trade Law definition

What does The United Nations Commission on International Trade Law mean?

The United Nations Commission on International Trade law is a body established by the United Nations General Assembly in 1966, which plays an important role in developing legal framework for the facilitation of international trade and investment.

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