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In most legal systems, the arbitral tribunal is able to rule upon its own jurisdiction (often referred to as the doctrine of "Kompetenz-Kompetenz" in international law). This enables the arbitral tribunal to determine for itself whether: an arbitration agreement is valid, whether the tribunal has been properly constituted under applicable law, and
the tribunal may order the payment of a sum of money (conventional damages) the tribunal may make a "declaration" as to any matter to be determined in the proceedings; in most jurisdictions, the tribunal has the same power as a court to: order a party to do or refrain from doing something ("injunctive relief") to order specific performance of a ...
International arbitration can refer to arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract (typically referred to as international commercial arbitration) [1] or between different states qua states (typically referred to as interstate arbitration).
In pursuit of fair and unbiased arbitrations, the Commission does not participate in specific arbitral proceedings. The Arbitral Tribunal, a body of arbitrators independent of the Commission, alone determines awards of specific cases. The Commission's involvement only occurs when an arbitral tribunal makes technical and major substantive errors.
To be allowed to bring an investor-state dispute before an arbitral tribunal, both the home state of the investor and the state where the investment was made must have agreed to ISDS, the investor from one state must have an investment in a foreign state and the foreign investor must put forward that the state has violated one or more of the ...
The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands.Unlike a judicial court in the traditional sense, the PCA provides administrative support in international arbitrations involving various combinations of States, State entities, international organizations and private parties. [4]
The doctrine of kompetenz-kompetenz is enshrined in the UNCITRAL Model Law on International Commercial Arbitration and Arbitration Rules. [4] [5] Article 16(1) of the Model Law and article 23(1) of the Arbitration Rules both dictate that "[t]he arbitral tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the ...
Under American law, the recognition of foreign arbitral awards is governed by chapter 2 of the Federal Arbitration Act, which incorporates the New York Convention. [5] Therefore, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts state law. In Foster v.