Font Size: a A A

Research On The Challenge Of Jurisdiction In International Commercial Arbitration

Posted on:2005-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:X J DingFull Text:PDF
GTID:2156360125456683Subject:International law
Abstract/Summary:PDF Full Text Request
It has become an attention-getting phenomenon in international commercial arbitration that one of the parties will challenge the jurisdiction of the arbitral tribunal in lots of cases. The characteristics, classes, filing, disposing and applicable laws of the challenge of jurisdiction are discussed in this article while some proceedings dealing with the challenge are discussed. At last some suggestions to the Arbitration Law are made.I think that the integrated signification of competence-competence principle includes five aspects as follow: (1) The arbitral tribunal may rule on its own jurisdiction; (2) Right of the court should be limited within the scope of upholding and assisting arbitral proceedings; (3) The court has necessary right of judicial supervision on the challenge of jurisdiction; (4) The arbitral tribunal can examine its jurisdiction on own initiative or passively; (5) The arbitral tribunal may continue the arbitral proceedings after one of the parties made objections with respect to the existence or validity of the arbitration agreement.Parties are authorized according to the law in most cases to dispose of their substantial rights and procedural rights in civil and commercial disputes. The decision that whether the court or arbitral tribunal is selected to dealing with the challenge of jurisdiction should be approbated by the law because the disposed rights are procedural rights.It is deemed in this paper that the blemishes of the previsions of the P . R . C. Arbitration Law of 1994 about the challenges to the jurisdiction are very clear. We should set up these systems by modifying the law. (1) Any party wanting to raise one or more pleas concerning the jurisdiction should raise the plea not later than the time file the answer. (2) If an arbitral tribunal has no jurisdiction over a dispute obviously, the court should be authorized to make a decision. (3) Applying the competence-competence principle. (4) Setting forth rules of application of law.
Keywords/Search Tags:international commercial arbitration, competence-competence principle, challenge of jurisdiction, arbitral proceedings
PDF Full Text Request
Related items