Douglas Grant has recently produced a practice note for LexisNexis on ‘Arbitral tribunal has jurisdiction to construe other contracts (CAFI v GTCS)’.
In this case, Mr Justice Henshaw upheld challenges brought under section 67 (substantive jurisdiction) and section 68 (serious irregularity) of the Arbitration Act 1996 (the ‘Act’), as well as a related appeal on a point of law under section 69 of the Act. The judgment addresses the scope of an arbitral tribunal’s jurisdiction, in particular the circumstances in which a tribunal will be entitled to determine the meaning and effect of a different contract over which it does not otherwise have jurisdiction.
