engleski

Jurisdiction of the arbitral tribunal. Current jurisprudence and problem areas under UNCITRAL Model Law

The subject of this paper are various issues connected to the jurisdiction of the arbitral tribunal, as defined in the cases collected on the issues of application of the MAL in various countries that have adopted UNCITRAL Model Law on International Commercial Arbitration. Of course, the source of the jurisdiction is the arbitration agreement. Yet, here we will not deal with the arbitration agreement in general, but primarily with the procedural issues of the determination of the jurisdiction (or lack of the jurisdiction) of the arbitral tribunal. To the extent that some substantive issues, such as the existence or scope of the arbitral jurisdiction were invoked as a ground substantiating jurisdictional pleas, these issues will also be taken into account. Further on, the consequences of the arbitral jurisdiction, such as its impact on the court proceedings regarding the same claims, will also be assessed. Finally, within the general topic of the jurisdiction of the arbitral tribunal, a separate subset of question that relate to the topical subject of the authority of the arbitrators to issue interim measures of protection will also be presented.

arbitration; jurisdiction; arbitral tribunal; UNCITRAL Model Law on International Commercial Arbitration

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