Podcast Location:
Download it here [file size: 18.5 MB]
Categories:
ADR & Mediation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast may be of interest to practitioners who undertake ADR. It aims to familiarise the listener on the procedure of challenging the jurisdiction of an arbitral tribunal. Consideration is also given the tactical considerations in making such a challenge and what remedies a court may make in substitution of an award where jurisdiction is found to be wanting.

Outcomes:
After completing the course you will:
  • Know which provisions of the Arbitration Act 1996 are relevant to jurisdictional challenges;
  • Know which court has appropriate jurisdiction to review a challenge;
  • Know the appropriate time by which a challenge should be made and the consequences of exceeding the time limits;
  • Be aware of the evidential threshold and what test must be satisfied;
  • Know how to respond to a jurisdictional challenge;
  • Be aware of the tactical issues when making a jurisdictional challenge;
  • Know what awards a court has power to make if the tribunal did not have appropriate jurisdiction to grant the award.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • Arbitration Act 1996 s.30(1), 31, 32, 44(3), 57, 67, 68, 69, 70(3), 73, 82;
  • CPR Parts 6.15, 23;
  • CPR Practice Directions 62.2, 62.3;
  • 8th Edition of The Admiralty & Commercial Courts Guide;
  • AOOT Kaimneft v Glencore Internation AG [2002] 1 Lloyd's Rep 128;
  • Azov Shipping Co v Baltic Shipping Co [1999] 1 All ER 476;
  • Hussman (Europe) Ltd v Ahmed Pharaon [2003] EWCA (Civ) 266.

This podcast looks the means by which an arbitral award may be subject to review on the grounds that the tribunal lacked jurisdiction to make such an award. This podcast will cover three main areas, the procedure for challenging an award, the tactical considerations in so doing, and what remedies may be awarded.

Podcast added: 08/12/09

Podcast last reviewed: 2011-05-27

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