UNDERSTANDING JURISDICTION AND RELATED ISSUES IN INTERNATIONAL COMMERCIAL ARBITRATION WITH SPECIFIC REFERENCE TO INDIA
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Keywords:
Arbitration, Jurisdiction, Commercial, Agreement, International Arbitration, Arbitral Tribunal, Arbitral Awards, Enforceability, Arbitral ProceedingsAbstract
Jurisdiction is fundamental to the validity of arbitration proceedings and the enforceability of arbitral awards. An arbitral tribunal, unlike a national court, derives its power, authority and jurisdiction from an arbitration agreement between parties to a contract. The available legal framework on the point provides for determination of jurisdiction having reference to each specific arbitration agreement. Due to this fact as well as the growing sophistication in the practice of international arbitration, challenges to the jurisdiction of arbitral tribunals are becoming more frequent. In the context of the complexity of this issue, this article aims to discuss the various aspects of the concept of arbitral jurisdiction, different kinds of challenges to the jurisdiction, Jurisdictional issues relating to interim measures and challenges in its enforcement, the principles and laws governing the issue, and the attitude of the courts of various state jurisdictions with special reference to Indian scenario.
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