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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
Under section 45 of the Arbitration Act 2001, either party or the arbitral tribunal itself may apply to the court to issue a ruling on "any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties" and under section 49, either party may appeal an ...
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]
In CAS 2010/A/2090, the CAS Panel explained that the reason for this is not a matter of jurisdiction but arbitral self-restraint. [27] In October 2011, in a case affecting the 2012 Summer Olympics, the court declared that a part of the Olympic Charter violated the World Anti-Doping Code. [28]
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 ...
failure by the tribunal to comply with section 33 (general duty of tribunal); the tribunal exceeding its powers (otherwise than by exceeding its substantive jurisdiction); failure by the tribunal to conduct the proceedings in accordance with the procedure agreed by the parties; failure by the tribunal to deal with all the issues that were put ...
An arbitration award (or arbitral award) is a final determination on the jurisdiction, merits, costs or other aspect of a dispute by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. [1]
The Court was founded in 1923 under the leadership of the ICC's first president Étienne Clémentel, a former French Minister of Finance. [4]Members of the ICC Court are appointed to three-year terms by the ICC World Council on the recommendation of ICC 'national committees' or groups.