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6 Jurisdiction: Courts vs. Arbitrators

George A. Bermann

From: International Commercial Arbitration in New York (2nd Edition)

Edited By: James H. Carter, John Fellas

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

Jurisdiction — Arbitrators — Conduct of proceedings

This chapter assesses the allocation of authority in New York, a matter largely governed, in view of its subject, by federal law. It examines the different scenarios in which the question arises, attempting to describe the degree of independent judgment or deference that courts and arbitrators exercise in each scenario. Determining the existence and scope of arbitral jurisdiction is crucial to the legitimacy of an arbitration, which, after all, is a matter of contract. It follows that a court, if called upon to enforce an arbitration agreement or award, should first assure itself that the parties could—and, indeed, did—consent to arbitral jurisdiction. The more difficult questions relate to when such judicial inquiry should occur, how vigorous it should be, and what issues fall within its scope.

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