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Publication Detail
Arbitral Jurisdiction
  • Publication Type:
    Chapter
  • Authors:
    Mills A
  • Publisher:
    OUP
  • Publication date:
    2020
  • Editors:
    Schultz T,Ortino F
  • Status:
    Submitted
  • Book title:
    Oxford Handbook on International Arbitration
  • Keywords:
    Jurisdiction, Arbitration, Arbitrability, Admissibility, Choice of law, Applicable law
Abstract
This chapter analyses the legal issues concerning the jurisdiction of an arbitral tribunal. It considers a range of problems, including questions of jurisdiction and admissibility, the validity and effectiveness of an arbitration agreement, and arbitrability. For each of these issues, two general problems arise, which are also analysed: who determines the jurisdiction of the tribunal, and what law or laws are applied? There are a number of heavily contested questions, but it is argued that these are unlikely to be resolved easily, because they are a reflection in miniature of the major continuing uncertainties surrounding the identity and character of international arbitration itself.
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