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5 The Jurisdiction of the Arbitral Tribunal

From: International Arbitration: Law and Practice in Switzerland

Gabrielle Kaufmann-Kohler, Antonio Rigozzi

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 19 August 2022

Res judicata — Parties to the dispute (and jurisdiction) — Time limitations (and jurisdiction) — Stay of proceedings — Lis alibi pendens

Building upon the discussion on the validity and effects of arbitration agreements in chapter 3, this chapter examines the rules governing the jurisdiction of arbitral tribunals. It addresses a number of questions arising from the arbitral tribunal’s and the courts’ review of arbitral jurisdiction, from the implications of the principle of competence-competence to jurisdictional objections and the effects of parallel proceedings. Special attention is given to topics such as the so-called negative effect of competence-competence, the arbitration-specific lis pendens rule established in Article 186(1) bis PILA and the res judicata effect of prior arbitral or judicial decisions on jurisdiction. The chapter’s final section discusses anti-suit and anti-arbitration injunctions.

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