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5 Powers, Duties, and Jurisdiction of an Arbitral Tribunal

Nigel Blackaby, Constantine Partasides, Alan Redfern

From: Redfern and Hunter on International Arbitration (7th Edition)

Nigel Blackaby KC, Constantine Partasides, Alan Redfern

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 24 June 2024

Subject(s):
Immunity from jurisdiction, execution of judgments — Arbitrators — Arbitral tribunal

This chapter focuses on the arbitral tribunal’s powers, duties, and jurisdiction. It mentions the difference between the operation of a national court and an arbitral tribunal settling international disputes. The powers are established to enable operation in relation to applicable law. Then, an arbitrator’s duties are imposed by either parties, law, or ethical duties. According to national laws and international conventions, an arbitral tribunal is not allowed to exceed its jurisdiction, whiles its decision is subject to control by the courts of law. The chapter also looks into Recital 12, which covers the regulation not applicable to any action relating to the establishment of an arbitral tribunal.

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