Part III The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented, Ch.12 Pleas as to the Jurisdiction of the Arbitral Tribunal
David D. Caron, Lee M. Caplan, Matti Pellonpää
David D. Caron, Matti Pellonpää, Lee M. Caplan
During an arbitration, particularly at the outset of proceedings, several issues can arise in connection with pleas, often termed objections, as to the jurisdiction of the arbitral tribunal. Article 21 of the UNCITRAL Rules addresses these issues rather fully. Articles 21(1) and 21(2) address the extent of the power of the arbitral tribunal to decide upon such jurisdictional pleas, including the separability of the arbitration clause from the contract in dispute. Article 21(3) addresses when the parties should raise pleas as to jurisdiction, while Article 21(4) addresses when the Tribunal should rule on a plea identifying jurisdiction as a preliminary question.