header-logo header-logo

06 February 2026 / Nick Marsh , Alex Bromwich
Issue: 8148 / Categories: Features , Arbitration , Jurisdiction , ADR
printer mail-detail

Approach with caution

241908

Nick Marsh & Alex Bromwich on s 72 of the Arbitration Act 1996: three 2025 judgments show that parties should act promptly & plead consistently

  • Section 72 of the Arbitration Act 1996 allows a non-participating party who denies being bound by an arbitration agreement to challenge the tribunal’s jurisdiction.
  • The courts have apply s 72 generously to protect party autonomy, but inconsistent jurisdictional objections can forfeit s 72 protection.
  • Three 2025 cases stress that jurisdictional challenges must be raised promptly and clearly.

Section 72 of the UK Arbitration Act 1996 (AA 1996) concerns the rights of parties who are alleged to be parties to an agreement to arbitrate but who have taken no part in arbitration proceedings to challenge awards. Its first limb (s 72(1)) empowers such persons to apply to the court for a declaration, injunction or other appropriate relief in respect of the following questions:

i. Is there a valid arbitration agreement?

ii. Has the tribunal been properly constituted? and

iii. Have the matters referred to arbitration

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll