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29 - Admissibility versus Jurisdiction

from Part V - Jurisdiction of the Arbitrator

Published online by Cambridge University Press:  18 February 2023

Stefan Kröll
Affiliation:
Bucerius Law School, Rechsanwalt Kröll
Andrea K. Bjorklund
Affiliation:
McGill University, Montréal
Franco Ferrari
Affiliation:
New York University
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Summary

A decision which does not respect jurisdictional limits may be annulled by a controlling authority. But if there is no issue as to jurisdiction, then any issue as to admissibility is an objection to the claim (for example its prematurity or – at the other extreme – its staleness) and not to the forum. It follows that determinations with respect to should ordinarily be final and non-renewable. Once it is established that the parties have consented to the jurisdiction of a particular court or tribunal, there is a powerful policy reason – given the multiplicity of for a which might otherwise come into play internationally, with incompatible outcomes – to recognize its authority to dispose conclusively of other threshold issues.

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Publisher: Cambridge University Press
Print publication year: 2023

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