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5 Jurisdiction of the Arbitral Tribunal

From: International Commercial Arbitration in Sweden (2nd Edition)

Kaj Hobér

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 31 July 2021

5.01 As discussed in Chapter 3, a valid arbitration agreement is a sine qua non for any arbitration. No party can be compelled to participate in arbitration unless he has agreed to do so. The arbitration agreement is also the basis for the authority of the arbitrators. Without a valid arbitration agreement they have no authority to rule on any issue. The validity and the scope of application of the arbitration agreement determine the procedural framework of the dispute between the parties. 5.02 The arbitrators cannot go beyond the arbitration agreement of the...
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