Habas Sinai Ve Tibbi Gazlar Istihsal Endustrisi AS v VSC Steel Company Ltd [2013] EWHC 4071 (Comm), [2014] All ER (D) 01 (Jan)
It was settled law that the principle of openness and fair dealing between the parties to an arbitration demanded not merely that, if jurisdiction was to be challenged under s 67 of the Arbitration Act 1996, the issue as to jurisdiction had to normally have been raised, at least on some grounds, before the arbitrator but that each ground of challenge to his jurisdiction had to previously have been raised before the arbitrator if it was to be raised in an application under s 67 of the 1996 Act challenging the award. It was clear from authority that the term “any objection” in s 73(1) of the 1996 Act was intended to mean “any ground of objection”.
Moreover, the fact that parties contemplated that there would be a signed contract did not necessarily mean that there could be no binding agreement until the contract was signed. Each case depended on its facts.
