Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Bahrain
An objection to the jurisdiction of the tribunal must be raised no later than the date on which the statement of defence is submitted. A party is not precluded from raising such a plea by the fact that it has appointed, or participated in the appointment of, an arbitrator. Any plea that the tribunal has exceeded the scope of its authority must be raised as soon as the relevant matter is raised in the arbitration proceedings. A tribunal may, however, admit a later objection if it considers the delay justified.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
4.2
Can a tribunal rule on its own jurisdiction?
 
Bahrain
A tribunal may rule on its own jurisdiction, either as a preliminary issue or in an award on the merits.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Bahrain
If the tribunal rules as a preliminary issue that it has jurisdiction, any party may request the Bahraini Civil High Court to rule conclusively on the jurisdiction of the tribunal within 30 days of receiving notice of the ruling. The court’s ruling cannot be appealed.

While a request to the court is pending, the tribunal may continue the proceedings and make an award.

If the tribunal decides to combine its decision on jurisdiction with an award on the merits, any party may request the court to rule conclusively on the jurisdiction of the tribunal in proceedings challenging the award and in proceedings to enforce the award.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys