Introduction

To what extent may English Courts consider a challenge made under section 67 of the Arbitration Act 1996 to the jurisdiction of an arbitral tribunal constituted under an investment treaty? The Court of Appeal upheld the judgment of Aikens J that English courts are not prevented by the doctrine of non-justiciability from considering such a challenge in respect of an investment treaty dispute. This case note sets out a brief summary of the factual and procedural background of the case and considers some of the key issues discussed by the Court of Appeal. This case note ...