Commentary on Sections Enforcing and challenging arbitral awards etc. Section 14 – Persons who take no part in arbitral proceedings
57.Section 14 protects the rights of those who are alleged to be a party to the arbitral proceedings, but who do not participate in the arbitration. Subsection (1) allows such a party to challenge the jurisdiction of the tribunal on the same grounds as a party, by court proceedings.
58.Subsection (2) gives an alleged party the same rights as an actual party to the proceedings to challenge an award under rules 67 or 68 but relieves the alleged party of any duty to exhaust available arbitral procedures for appeal or review of the award.