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UK SUPREME COURT RULES THAT COURTS CAN REVIEW ARBITRAL TRIBUNAL’S DECISION ON JURISDICTION

November 2010 - Litigation & Dispute Resolution. Legal Developments by Drew & Napier LLC .

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In this decision of international importance, the UK Supreme Court unanimously held that where a party resists enforcement of an arbitration award on the basis that there was no arbitration agreement binding upon it under the laws of the country where the award was made, the court of the country in which enforcement is sought is entitled, and indeed bound, to revisit the question of the arbitral tribunal’s jurisdiction.

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