Part III The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented, Ch.14 Objections to the Jurisdiction of the Arbitral Tribunal
David D Caron, Lee M Caplan
- Settlement of disputes — UNCITRAL Arbitration Rules — Arbitral tribunals — Arbitral agreements
During an arbitration proceeding, particularly at the outset, several issues, often termed objections, can arise in connection with pleas as to the jurisdiction of the arbitral tribunal. Article 23 of the UNCITRAL Rules addresses these issues rather fully.1 Article 23(1) addresses the extent of the power of the arbitral tribunal to rule on its own jurisdiction, including the separability of the arbitration clause from the contract in dispute. Article 23(2) addresses when the parties should raise pleas as to jurisdiction and the arbitral tribunal's discretion to...