Part I Commentary on the ICDR International Rules, 19 Article 19—Arbitral Jurisdiction
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitral tribunals — Arbitration — Counterclaims
This chapter looks at Article 19 of the ICDR Rules. An arbitral tribunal must consider whether it has jurisdiction over the subject matter of any dispute that comes before it. Article 19 provides the tribunal with authority to determine this preliminary question by deciding any objections to its jurisdiction relating to the ‘existence, scope, or validity of the arbitration agreement’. Under Article 19(3), jurisdictional objections must be made no later than the filing of the Answer to a particular claim, counterclaim, or set-off. Meanwhile, Article 19(4) is a new provision added to the ICDR Rules with the 2014 amendments to make clear that objections to jurisdiction will not prevent the ICDR from administrating the case in the preliminary stages of the arbitration, including for purposes of constituting the tribunal.