England and Wales · Arbitration and court procedure
What period and facts govern substantive-jurisdiction challenge in England and Wales?
The section 70(3)28-day court period, subject to actual court variation. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
- Period
- The section 70(3)28-day court period, subject to actual court variation
- Trigger
- The applicable section 70 date for the source-established jurisdiction challenge
- Rule
- Arbitration Act 1996 section 67
This substantive-jurisdiction challenge guide uses retained current official Arbitration Act 1996 text and current Justice UK CPR and PD 62 pages. The 2025 Act section 12 and SI 2025/905 commenced the amended section 70 scheme on August 1, 2025. Section 17(4) of the 2025 Act preserves its specified precommencement exclusions; the actual arbitral and court commencement facts remain necessary.
Source guide · No automated date
Check the applicable procedure
Arbitration Act 1996 section 67. The section 70(3)28-day court period, subject to actual court variation. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence. Establish the actual actor, event, agreed regime, court order and completion facts before relying on a final endpoint. This source guide provides no computed or paid date.
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What period and facts govern substantive-jurisdiction challenge in England and Wales?
The section 70(3)28-day court period, subject to actual court variation. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
Responsible actor. A party challenging substantive jurisdiction under section 67.
The applicable section 70 date for the source-established jurisdiction challenge
Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
A party challenging substantive jurisdiction under section 67. The section 70(3)28-day court period, subject to actual court variation. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
Arbitration Act 1996 section 67How does this provision count time?
- The section 70(3)28-day court period, subject to actual court variation
- Issue the section 67 application with the required court process.
- Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
For substantive-jurisdiction challenge, section 80(4) and (5) separates court issue from service and applies court counting rules to statutory court time limits. CPR 2.8 computes day periods as clear days and omits specified nonworking days only for periods of five days or less.
For substantive-jurisdiction challenge, CPR 2.8(5) addresses an act at a court office whose final day is a closure day. It does not automatically move service on another party, erase required intervening clear days, or lift the enforcement restriction. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
Arbitration Act 1996 section 67Which facts prevent one automatic date?
Arbitration Act 1996 section 67. The section 70(3)28-day court period, subject to actual court variation. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence. Establish the actual actor, event, agreed regime, court order and completion facts before relying on a final endpoint. This source guide provides no computed or paid date.
A party challenging substantive jurisdiction under section 67 has records establishing the applicable section 70 date for the source-established jurisdiction challenge. The section 70(3)28-day court period, subject to actual court variation. Issue the section 67 application with the required court process. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence. Establish all source facts before choosing a final date.
The proposed compliance period for substantive-jurisdiction challenge meets a weekend, holiday or court-office closure. For substantive-jurisdiction challenge, section 80(4) and (5) separates court issue from service and applies court counting rules to statutory court time limits. CPR 2.8 computes day periods as clear days and omits specified nonworking days only for periods of five days or less. For substantive-jurisdiction challenge, CPR 2.8(5) addresses an act at a court office whose final day is a closure day. It does not automatically move service on another party, erase required intervening clear days, or lift the enforcement restriction. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence. Apply the actual counting regime to the particular act. Do not infer a uniform next-working-day extension.
Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence. The section 70(3)28-day court period, subject to actual court variation. The actual branch facts are not established by the raw catalog period. Issue the section 67 application with the required court process. Establish the material facts or follow the actual order; this guide supplies no automatic date.
Which conditions and exceptions apply?
- Actual actor and completed procedural act
- A party challenging substantive jurisdiction under section 67. Issue the section 67 application with the required court process.
- Controlling event and applicable agreement or order
- The applicable section 70 date for the source-established jurisdiction challenge. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
- Source-specific counting and completion place
- For substantive-jurisdiction challenge, section 80(4) and (5) separates court issue from service and applies court counting rules to statutory court time limits. CPR 2.8 computes day periods as clear days and omits specified nonworking days only for periods of five days or less. For substantive-jurisdiction challenge, CPR 2.8(5) addresses an act at a court office whose final day is a closure day. It does not automatically move service on another party, erase required intervening clear days, or lift the enforcement restriction. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
- A party challenging substantive jurisdiction under section 67. The section 70(3)28-day court period, subject to actual court variation. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
- Substantive-jurisdiction challenge concerns a party challenging substantive jurisdiction under section 67 and issue the section 67 application with the required court process. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence. Serious-irregularity challenge addresses a separate procedural question and cannot establish this actor’s completed step.
What must the responsible actor complete?
Questions about this procedure
What period and facts govern substantive-jurisdiction challenge in England and Wales?
What period applies to substantive-jurisdiction challenge?
The section 70(3)28-day court period, subject to actual court variation. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
Arbitration Act 1996 section 67Which actual event controls substantive-jurisdiction challenge?
The applicable section 70 date for the source-established jurisdiction challenge. A party challenging substantive jurisdiction under section 67 must establish that event from the actual request, award, service or court records.
Arbitration Act 1996 section 67What act completes substantive-jurisdiction challenge?
Issue the section 67 application with the required court process. Participation, prior tribunal ruling, lost objections, exhaustion and the 2025 transition affect the permitted challenge and evidence.
Arbitration Act 1996 section 67Does section 67 cover any complaint about the merits?
No. Subsection (1) addresses the tribunal’s substantive jurisdiction, including a merits award made without that jurisdiction. Other complaints require their own route.
Arbitration Act 1996 section 67Can a participating party automatically rehear all jurisdiction evidence?
The current section 67(3B) to(3D) provides for court rules restricting new grounds, new evidence and rehearing in specified cases, subject to interests-of-justice rulings.
Arbitration Act 1996 section 67Must the court always set the award aside when jurisdiction is challenged successfully?
No. The current remedies include remission, and subsection (3A) restricts setting aside or declaring no effect where remission is appropriate.
Arbitration Act 1996 section 67Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| Arbitration Act 1996 section 67 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 1996 section 70 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 1996 section 73 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 2025 section 17 | Check the identified procedure, event, counting rule or qualification |
| Arbitration Act 1996 section 80 | Check the identified procedure, event, counting rule or qualification |
| CPR 2.8 | Check the identified procedure, event, counting rule or qualification |
| SI 2025/905 regulation 2 | Check the identified procedure, event, counting rule or qualification |