The Russian Federation appealed an interlocutory decision that denied its request to adduce fresh evidence on an application to set aside an arbitral tribunal's interim award on jurisdiction.
The Divisional Court allowed the appeal, holding that an application to challenge a tribunal's jurisdiction under Article 16 of the UNCITRAL Model Law is a hearing de novo, not a deferential review.
Consequently, the parties are entitled as of right to adduce evidence that was not before the arbitral tribunal.
