Arbitrator's Powers Upheld
Fiona Trust and Holding Corpn and others v Privalov and others
[2007] EWCA Civ 20
CA
24 January 2007
Daily Law Notes Summary
An arbitrator could decide all allegations relating to the
invalidity of a contract, including allegations that the contract
was procured by bribes, unless there was an allegation of
invalidity which directly impeached the arbitration agreement
itself. Jurisdiction and arbitration clauses in the international
commercial context should now be construed liberally. Arbitrators
should generally be the first tribunal to consider whether there
was jurisdiction.