International business transactions
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OUTLINE International Business Transactions
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The Arbitral Tribunal see page 711 for appointment and mechanisms of appointing authorities The Arbitral Proceedings
Art. 16
of Model Law
says
arbitral tribunal is entitled to rule on its own jurisdiction
includes ability to rule on existence or validity
of the arbitration agreement
arbitration clause shall be treated as independent from the contract.
A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the validity of the arbitration clause
disappointed party
can go to court immediately
ultimately court decides question
arbitrator can proceed with arbitration while court hears
dispute about jurisdiction
The Arbitral Tribunal
see page 711 for appointment and mechanisms
of appointing authorities
The Arbitral Proceedings
Party autonomy is the fundamental principle in determining the procedure to be followed in an international
commercial arbitration
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