Paragraph 162 Challenges on grounds of substantive jurisdiction

(1)

Section 67 of the Arbitration Act 1996 shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.

(2)

In subsection (1)—

(a)

for “(upon notice to the other parties and to the tribunal) apply to the court” substitute “(upon notice to the other party, to the arbitrator and to ACAS) apply to the High Court or the Central London County Court”;

(b)

for “(see section 73)” substitute “(see section XXV of the Scheme)”;

(c)

after “section 70(2) and (3)” insert “as modified for the purposes of the Scheme”.

(3)

After subsection (1) insert—

“(1A)

In this section—

“Arbitration Agreement” means an agreement to refer a dispute to arbitration in accordance with, and satisfying the requirements of, the Scheme;

“the Scheme” means the arbitration scheme set out in the Schedule to the ACAS Arbitration Scheme (England and Wales) Order 2001; and

“substantive jurisdiction” means any issue as to—

(a)

the validity of the Arbitration Agreement and the application of the Scheme to the dispute or difference in question;

(b)

the constitution of the arbitral tribunal; or

(c)

the matters which have been submitted to arbitration in accordance with the Arbitration Agreement.”