Jurisdiction
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). Briefly, 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
- what matters are to be determined by the arbitration under the agreement.
The doctrine, although continental in origin, has been recognised at common law, and has now been widely codified into national law.
Read more about this topic: Arbitral Tribunal
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