Redfern and Hunter on International Arbitration by Nigel Blackaby & Constantine Partasides QC & Alan Redfern & Martin Hunter

Author:Nigel Blackaby & Constantine Partasides QC & Alan Redfern & Martin Hunter [Blackaby, Nigel]
Language: eng
Format: azw3
Publisher: OUP Oxford
Published: 2015-09-24T04:00:00+00:00

(d) Court control

[5.112] A decision given by an arbitral tribunal as to its jurisdiction is subject to control by the courts of law, which in this respect have the final word. The relevant procedure, degree of deference, and burden of proof vary from country to country, and sometimes even within countries. In practice, recourse to the courts on issues of jurisdiction is likely to take place at one of three stages: at the beginning of the arbitral process; during the course of the process; or following the making of the award. These different stages, and the options open both to the arbitral tribunal and to the challenging party, are considered later in this chapter. First, however, it is necessary to review the question of concurrent court control.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.