Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award by Sandra Synková

By Sandra Synková

International arbitration has turn into the well-liked approach to resolving disputes among company companions in virtually each point of foreign alternate, trade, and funding. The solution of a dispute via overseas arbitration offers the events with a chance to solve their disputes in a personal, private, price and time effective demeanour earlier than a impartial tribunal in their selection. despite the fact that, demanding situations to arbitral jurisdiction became a typical perform within the box. solution of such demanding situations could considerably hold up the answer of the events’ basic noticeable dispute, raise total dispute solution bills or even whittle down the advantages of the events’ discount to arbitrate. consequently, adopting a formal method of the answer of such disputes turns into the most important to the efficacy of foreign arbitration as a procedure of dispute solution. the current booklet offers a comparative research of the perform of 3 rigorously chosen criminal orders: the English, German and Swiss and descriptions attainable methods ahead. because the paintings moves a stability among thought and perform, it's going to attract practitioners, researchers, but in addition scholars trying to strengthen their figuring out of the foreign arbitration field.

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Example text

12 As of today, the Convention has 148 parties. html. 13 See infra at Sect. 2 et seq. 1 The New York Convention The obligation not to permit a dispute that is to be arbitrated to proceed in national courts is founded in international instruments, first and foremost, the 1958 New York Convention. The Convention embodies an obligation to refer the parties to arbitration in Article II(3): The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.

See further at Sect. 4 et seq d Article I(3) of the Convention, however, allows the Convention’s Contracting States to make a declaration that they will apply the Convention only to differences arising out of legal relationships which are considered commercial under the national law of the State making such a declaration e It is possible to limit the application of the Convention to “commercial” disputes only. 1 depicts the differences in the scope of application of the domestic legal provisions identified in the previous section, the UNCITRAL Model Law and the New York Convention.

27 Translation by the German Institute of Arbitration (DIS) and the German Federal Ministry of Justice published in “The New German Arbitration Law” (1998) 14(1) Arbitration International 1. The original text states: “} 1032: Schiedsvereinbarung und Klage vor Gericht) (1) Wird vor einem Gericht Klage in einer Angelegenheit erhoben, die Gegenstand einer Schiedsvereinbarung ist, so hat das Gericht die Klage als unzula¨ssig abzuweisen, sofern der Beklagte dies vor Beginn der mu¨ndlichen Verhandlung zur Hauptsache ru¨gt, es sei denn, das Gericht stellt fest, dass die Schiedsvereinbarung nichtig, unwirksam oder undurchfu¨hrbar ist.

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