| Article | The right of the international commertial arbitration to resolve the issue of its own jurisdiction |
|---|---|
| Authors |
Chyrych O.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 1 / 2011 |
| Pages | 97 - 107 |
| Annotation | This article gives answer to the question whether the arbitrator alone has the authority to make a final decision on its own jurisdiction in a particular case, when the parties have taken different positions in respect of this issue. This question has drawn the attention of national legislators and doctrine. Nevertheless, the answer is also sought at the universal, international level. Before taking the merits of the dispute into consideration, the arbitral authority is obliged to resolve the issue of its own jurisdiction in the particular case. According to some views currently prevailing, if the arbitrators conclude that the challenge of their jurisdiction is unfounded, they may proceed to decide the merits of the dispute. But, it is underlined in this paper that the global solution of the problem by acceptance of the principle «competency — competency» does not liberate the arbitrators from a number of additional questions. |
| Keywords | international commercial arbitration, arbitration dispute, «competence of competence», arbitration clause, judicial review. |
| References | |
| Electronic version | Download |