- January 25, 2019
Arbitrators and evidence gathering: a note on Fleetwood Wanderers Limited v AFC Fylde Limited
It is a not uncommon feature of arbitration that an arbitral tribunal will from time to time take “judicial notice” of notorious facts without requiring the parties to adduce specific evidence to prove those facts. Furthermore, arbitrators are almost always appointed because of their particular expertise or experience of particular types of disputes.
- February 5, 2018
When does a party lose the right to object that the tribunal lacks substantive jurisdiction at the outset of proceedings in international arbitrations?
Sections 31 and 73 of the Arbitration Act 1996 (AA 1996) prescribe the circumstances in which a party may lose the right to object to the tribunal’s jurisdiction. These provisions are mandatory.