Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
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?
 
Macedonia
A party must raise an objection to the tribunal’s jurisdiction in a written submission at the latest with its statement of defence. If the party submits its objection at a later stage, the tribunal may still allow it, as long as it considers the delay in submitting the objection justified (Article 16(2)).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Macedonia
Yes, the Arbitration Act expressly states that the tribunal may rule on its own jurisdiction. The tribunal is authorised to decide on its jurisdiction either as a preliminary question or in an award on the merits (Article 16(1)(3)).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Macedonia
In an international arbitration seated in Macedonia, the party may apply to the Macedonian courts for a ruling on the tribunal’s jurisdiction, but only if the tribunal has already decided, as a preliminary matter, that it has jurisdiction. In that case, any party may request the competent court to decide on the matter within 30 days of being notified of this decision; the court’s decision is not subject to appeal (Article 16(3)).

For more information about this answer please contact: Slaven Moravčević from Schoenherr Attorneys at Law