International arbitral jurisdiction

Description

International Arbitral Jurisdiction analyzes the jurisdictional powers of international arbitral tribunals in areas of fundamental importance. The volume clarifies how tribunals have approached problems in consensual arrangements for submission to tribunals, and describes the general principles that have emerged. The text also examines special aspects of the jurisdiction of the Iran United States Claims Tribunal, which has a distinctive character in the context of modern international relations. International Arbitral Jurisdiction is a valuable, comprehensive and timely addition to the literature on international arbitration. It is intended to be a companion text to two preceding volumes on international jurisdiction by the same author, namely Jurisdiction of International Tribunals (2003) and Jurisdiction of Specific International Tribunals (2009). Contents Abbreviations Table of Cases Part I Prologue Chapter One Introductory Observations History of Arbitration Arbitration as a Means of Dispute Settlement Representation before Arbitral Tribunals Personality of Arbitral Tribunals The Place of Precedent Scheme of Work Part II Generalities Chapter Two La Compétence de la Compétence History Initial Explanation of the Rule Current Status Possible Limitations Raising Proprio Motu the Issue of la Compétence de la Compétence Finality of the Determination on la Compétence de la Compétence Jurisdiction of Other Tribunals to Decide on the Compétence of a Tribunal The Issue of Conflict of Interest Chapter Three Consent as the Basis of Jurisdiction The Requirement Requirements for Effective Consent Consent and Individuals The Relationship of Consent to Inherent Jurisdiction Parameters of Consent Chapter Four Interpretation of Clauses Submitting to Jurisdiction General Principles Restrictive Interpretation The Contra Proferentem Rule The Doctrine of Sovereignty Chapter Five The Matter of Compétence Forum Prorogatum and Competénce The Judgment on Compétence and Res judicata Identifying Matters of Compétence Time for Raising Issues of Compétence Sources of Jurisdiction Scope of Primary Jurisdiction Fundamental Limitations on the Scope of Primary Jurisdiction Exercise of Jurisdiction and Discretion Proof of Jurisdiction Chapter Six Inadmissibility Grounds for Inadmissibility Waiver and Estoppel Time for Raising Objections to Admissibility Chapter Seven Incidental Jurisdiction: Intervention and Interim Measures Intervention Interim Measures Chapter Eight Jurisdiction vis-à-vis Remedies Inherent or Implied Jurisdiction The Principle of Non Ultra Petita and Jurisdiction Chapter Nine Jurisdiction to Reopen Cases Res judicata and Finality Reopening Cases Chapter Ten The Iran-U.S. Claims Tribunal Primary Jurisdiction: Compétence and Admissibility Incidental Jurisdiction: Interim Measures Reopening Cases Annex to Chapter Ten 1. Declaration of the Government of the Democratic and Popular Republic of Algeria (General Declaration), 19 January 1981 2. Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims by the Government of the United States of America and the Government of the Islamic Republic of Iran (Claims Settlement Declaration), 19 January 1981 Index