Arbitration Act 2025 (c. 4)

Prospective

Jurisdiction of tribunal E+W+N.I.

5 Court determination of jurisdiction of tribunal E+W+N.I.

In section 32 of the Arbitration Act 1996 (determination of preliminary point of jurisdiction), after subsection (1) insert—

“(1A) An application under this section must not be considered to the extent that it is in respect of a question on which the tribunal has already ruled.”

Commencement Information

I1 S. 5 not in force at Royal Assent, see s. 17(2)

6 Power to award costs despite no substantive jurisdiction E+W+N.I.

(1) Section 61 of the Arbitration Act 1996 (award of costs) is amended as follows.

(2) In subsection (1), omit “, subject to any agreement of the parties”.

(3) After subsection (1) insert—

“(1A) It is irrelevant for the purposes of subsection (1) whether the tribunal has ruled, or a court has held, that the tribunal has no substantive jurisdiction or has exceeded its substantive jurisdiction.”

(4) In subsection (2), omit “Unless the parties otherwise agree,”.

(5) After subsection (2) insert—

“(3) Subsections (1), (1A) and (2) are subject to any agreement of the parties.”

Commencement Information

I2 S. 6 not in force at Royal Assent, see s. 17(2)