Challenging Arbitral Jurisdiction: The Role of Institutional Rules

Festschrift in Honor of Laurie Craig, 2015

Boston Univ. School of Law, Public Law Research Paper No. 15-40

43 Pages Posted: 18 Oct 2015

See all articles by William W. Park

William W. Park

Boston University - School of Law

Date Written: October 16, 2015

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

Suggested Citation

Park, William W., Challenging Arbitral Jurisdiction: The Role of Institutional Rules (October 16, 2015). Festschrift in Honor of Laurie Craig, 2015; Boston Univ. School of Law, Public Law Research Paper No. 15-40. Available at SSRN: https://ssrn.com/abstract=2675294

William W. Park (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-3149 (Phone)
617-353-3077 (Fax)

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