Jurisdiction: permissible jurisdictional challenges

In Province of Balochistan v Tethyan Copper Co Pty Ltd [2021] EWHC 1884 (Comm) Robin Knowles J explored important issues affecting challenges to the jurisdiction of the tribunal under section 67 of the Arbitration Act 1996. The case emphasises the significance of the waiver principle set out in section 73 of the 1996 Act, preventing a jurisdictional argument being raised on an appeal to the court if that argument had not been put to the tribunal.

Balochistan : the facts