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2 results

  • 29 - Admissibility versus Jurisdiction

  • from Part V - Jurisdiction of the Arbitrator
  • Edited by Stefan Kröll, Andrea K. Bjorklund, McGill University, Montréal, Franco Ferrari, New York University
  • Book:
    Cambridge Compendium of International Commercial and Investment Arbitration
    Published online:
    18 February 2023
    Print publication:
    02 March 2023, pp 904-916

  • 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.