ARBITRATION AGREEMENT IN INTERNATIONAL COMMERCIAL ARBITRATION AND THE JURISDICTION OF THE ARBITRAL TRIBUNAL

Ephraim Nwajiobi Mgbemena (PhD)

Abstract


The basic rule is that, arbitrators/judges and/or umpires may decide on their own Jurisdiction. It is a cardinal and trite rule of law wherein, judges or arbitrators/umpires must decide on their jurisdiction/power over a case set before it before delving into such a case, if not, no matter how good the proceeding is, it goes into nullity. This is a rule of law in the case of Madukolu v Nkemdilim[1] - the Supreme Court in this judgment decided that judges and umpires are allowed to determine its jurisdiction on the issue of its jurisdiction. This is known and called kompetenz kompetenz in Arbitration Law. It bugs down to two questions; one relating to timing and the other to the finality of the issue for determination in the Arbitration Law. Also Judges called upon by any party to intervene in arbitral process to monitor the possible jurisdictional excesses of the arbitral tribunal, rendering the process and proceedings null, void of being in excess of its powers. Also Arbitration Agreement is one of widely discussed laws in contractual law; it is a well known fact that every country has specific rules in their contractual obligations and regulations, which governs her arbitration contract between the parties. The main objective of this paper is to discuss jurisdiction and Arbitration agreement in International Commercial Arbitration. The paper is divided into sections, the introduction, definition of what is Arbitration, the second part discusses the jurisdiction of tribunal and competence of arbitral tribunal to make a binding decision and rule on its jurisdiction thirdly, it discusses the nature of Arbitration Agreement. Fourthly, to discuss, the laws applicable to arbitration agreement and finally, the recognition and enforcement of arbitral award in International Commercial Arbitration.


Keywords


Arbitration, Agreement, International Commercial Arbitration and Jurisdiction

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References


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