Challenging Arbitral Jurisdiction: The Role of Institutional Rules

Abstract

One oft-discussed element in arbitration law relates to the judicial function in monitoring the basic integrity of the arbitral process, so the case will be heard by a tribunal that not listens before deciding, and which stays within its mission. Arbitrators must remain within the contours of confines of their authority, has been the subject of well-known national judicial decisions applying the hard law of statutes and treaties.

Less-often debated, institutional rules play a vital jurisdiction role in complementing national and international legal norms. The 2012 ICC Arbitration Rules provide an intriguing study of how administrative decisions dovetail into jurisdictional rulings of the arbitral tribunal, both of which would normally remain subject to an ultimate scrutiny by national courts.

Keywords: arbitration, jurisdiction, international law, International Chamber of Commerce, institutional rules

JEL Classification: K19, K39, K49