Part II Legal Framework: Courts, Statutes and Treaties, A Arbitral Jurisdiction, 5 The Arbitrator’s Jurisdiction to Determine Jurisdiction

The boundaries of my language signify the borders of my world. Ludwig Wittgenstein1 Legal phrases, maxims and rules often enhance efficient dispute resolution by providing intellectual hooks on which to hang analysis, as well as mental handles with which to arrange otherwise complex arguments. Like the questions we ask, the language of the law can shape the choices ultimately made by arbitrators and judges. Words can beget misunderstanding as well as insight, however. Expressions which bear multiple meanings often find themselves employed with promiscuous...