The recent amendment to CPR 62.10 deletes paragraph 62.10(4)(a), which previously required that hearings on whether the court is satisfied with the matters set out in section 45(2)(b) of the Arbitration Act 1996 (“<span class="news-text_medium">AA 1996</span>”) would generally be heard in private. This deletion is aligned with changes made by the Arbitration Act 2025 (“<span class="news-text_medium">AA 2025</span>”), which simplifies the process for challenging jurisdiction in arbitration.
The AA 2025 introduces a modification to section 32 of the AA 1996, allowing an arbitrating party to apply to the court for a ruling on a preliminary point of jurisdiction. Under the new framework, an application for a ruling will require either the agreement of both parties (section 32(2)(a)) or the permission of the tribunal (section 32(2)(b)). The previous requirement that the party applying with the tribunal’s permission must also satisfy the court of additional criteria has been removed.
Additionally, the Civil Procedure Rule Committee (“<span class="news-text_medium">CPRC</span>”) discussed potential changes to Practice Direction 62 (“PD 62”), which governs the procedural aspects of applications under sections 32 and 45 of the AA 1996. These changes may affect the procedure for jurisdictional challenges and preliminary rulings on points of law. The CPRC is also awaiting further information from the Ministry of Justice regarding the necessity of new rules for jurisdictional challenges to awards under section 67 of the AA 1996, as outlined in section 11 of the AA 2025.
