Research on the Objection to the Jurisdiction of International Commercial Arbitration

DOI

10.2991/aebmr.k.220405.034How to use a DOI?

Keywords

international commercial arbitration; arbitral jurisdiction; objection to arbitration jurisdiction; competence-competence principle

Abstract

The jurisdiction of international commercial arbitration is the prerequisite of international commercial arbitration procedure and the foundation and condition for the smooth proceeding of arbitration procedure. The determination of arbitration jurisdiction is of great significance to the smooth proceeding of international commercial arbitration and the recognition and enforcement of arbitration awards. Therefore, the study of the objection to the jurisdiction of international commercial arbitration has become a branch of the jurisdiction of international commercial arbitration and has been paid more and more attention by scholars and legal practitioners in recent years. Discussion of the international commercial arbitration jurisdiction, the arbitration tribunal will inevitably involve the court and the arbitration in international commercial arbitration jurisdiction objection to trial jurisdiction of conflict and coordination problems, for international court and the arbitration tribunal and arbitration institutions in the jurisdiction of the court to judge the position of each of the relevant theory is developed with the continuous development of arbitration practice. The development and establishment of jurisdiction and jurisdiction theory is also a process from negation to affirmation of the right to decide the objection to the jurisdiction of the arbitral tribunal. In addition, countries have different views on different issues concerning the adjudication of objection to jurisdiction. By analyzing and comparing the provisions of various countries, international treaties, and the practices of various arbitration organizations, this paper draws reasonable conclusions, to promote the development of international commercial arbitration and make it better serve international trade.

Copyright

© 2022 The Authors. Published by Atlantis Press International B.V.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Wei Wang
PY  - 2022
DA  - 2022/04/29
TI  - Research on the Objection to the Jurisdiction of International Commercial Arbitration
BT  - Proceedings of the 2022 7th International Conference on Social Sciences and Economic Development (ICSSED 2022)
PB  - Atlantis Press
SP  - 203
EP  - 208
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.220405.034
DO  - 10.2991/aebmr.k.220405.034
ID  - Wang2022
ER  -