An arbitral tribunal has the legal authority to rule on its own jurisdiction. If a party claims the arbitrators have no power to hear the case, the arbitrators themselves—not a court—usually decide that question first.
The practice of International Commercial Arbitration is a delicate balance between contract law and international treaty. It provides the "legal glue" that allows global trade to function, offering a predictable and enforceable way to manage risk in an unpredictable world.
This is the "engine" of ICA. It is a treaty signed by over 170 countries that requires national courts to recognize arbitration agreements and, most importantly, enforce foreign arbitral awards as if they were local court judgments. 2. The Practical Process
Parties can appoint arbitrators with specific technical or industry knowledge (e.g., oil and gas, maritime law, or intellectual property).
This is the "golden rule" of arbitration. Unlike litigation, where rules are imposed by the state, parties in arbitration can choose the language, the seat (legal location), the applicable law, and the specific individuals who will judge their case.
The process begins when the claimant files a notice. This is followed by the constitution of the tribunal, usually consisting of one or three arbitrators.
The Principles And Practice Of International Co... -
An arbitral tribunal has the legal authority to rule on its own jurisdiction. If a party claims the arbitrators have no power to hear the case, the arbitrators themselves—not a court—usually decide that question first.
The practice of International Commercial Arbitration is a delicate balance between contract law and international treaty. It provides the "legal glue" that allows global trade to function, offering a predictable and enforceable way to manage risk in an unpredictable world. The Principles and Practice of International Co...
This is the "engine" of ICA. It is a treaty signed by over 170 countries that requires national courts to recognize arbitration agreements and, most importantly, enforce foreign arbitral awards as if they were local court judgments. 2. The Practical Process An arbitral tribunal has the legal authority to
Parties can appoint arbitrators with specific technical or industry knowledge (e.g., oil and gas, maritime law, or intellectual property). It provides the "legal glue" that allows global
This is the "golden rule" of arbitration. Unlike litigation, where rules are imposed by the state, parties in arbitration can choose the language, the seat (legal location), the applicable law, and the specific individuals who will judge their case.
The process begins when the claimant files a notice. This is followed by the constitution of the tribunal, usually consisting of one or three arbitrators.