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?
 
Spain
According to Article 22 of the Arbitration Act, a party must raise an objection to the jurisdiction of the tribunal no later than on submission of the statement of defence. The fact that a party has appointed or participated in the appointment of the arbitrators will not preclude it from lodging such an objection.

An objection that the arbitrators are exceeding the scope of their jurisdiction must be made as soon as the matter alleged to be beyond the scope of their jurisdiction is raised during the arbitration proceedings. The arbitrators will admit later objections only if the delay is justified.

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
4.2
Can a tribunal rule on its own jurisdiction?
 
Spain
Yes, according to Article 22 of the Arbitration Act, arbitrators have the power to rule on their own jurisdiction.

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Spain
No. The arbitrators’ decision that they have jurisdiction to hear the case may be challenged only by lodging an application to set aside the award in which it is adopted (Article 22.3 of the Arbitration Act). This understanding is reinforced by Article 7 of the act, which provides that no court will intervene in matters governed by the act, except where so provided in the same.

For more information about this answer please contact: Pedro Moreira from SCA Legal Abogados and Consultores