Changes

This decision provides clarity regarding the distinction between admissibility and jurisdiction in English arbitration law, namely that questions of compliance with multi-tier dispute resolution provisions are a procedural matter which will be determined by the Tribunal and that non-compliance with a multi-tier dispute resolution provision is not a basis on which to challenge the jurisdiction of the Tribunal before the English Court under section 67 of the Act. The judgment here also provides a clearer understanding and interpretation of a multi-tier dispute resolution clause – that a cooling-off period or an obligation to negotiate does not constitute an absolute bar to the commencement of arbitration proceedings.

Fn.1. 6.9 Interpretation and Arbitration