Rehearings of jurisdiction issues: a fresh look at the judicial task

摘要

It is settled that any challenge to a tribunal's jurisdiction must be reheard by the court. However, the case law is inconsistent on the question whether, in the rehearing, new evidence should be admitted as of right or only in limited circumstances and with the court's permission. The inconsistency is illustrated by two recent judgments. This note argues that a party seeking to adduce new evidence should have to seek permission from the court and explain why the evidence was not put before the tribunal. This approach should encourage the parties to act in good faith during the arbitration proceeding.