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jurisdictionseparabilitychallenge to award
Ganz v Petronz FZE
[2024] EWHC 635 (Comm)
Key Principle
A party challenging an arbitral tribunal's declining of jurisdiction under sections 67 and 68 of the Arbitration Act 1996 must prove the existence of an authentic, binding arbitration agreement; where the underlying contract said to contain the arbitration clause is shown (or not disproved) to be a forgery, there is no valid agreement to arbitrate and the jurisdictional and serious-irregularity challenges fail.
Area of Law
General
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