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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?
 
Montenegro
The Arbitration Act states that a jurisdictional objection must be raised no later than submission of the statement of defence (Article 20(1)). A party is not precluded from raising such a plea if it has appointed or participated in the appointment of an arbitrator. The arbitral tribunal may admit a later plea if it considers the delay justified (Article 20).

The arbitral tribunal may rule on an objection to jurisdiction either as a preliminary question or in an award on the merits (Article 19).

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law
4.2
Can a tribunal rule on its own jurisdiction?
 
Montenegro
Yes, the Arbitration Act stipulates that the arbitral tribunal rules on its own jurisdiction, including any objection with respect to the existence or validity of the arbitration agreement.

For more information about this answer please contact: Tanja Šumar 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?
 
Montenegro
If the arbitral tribunal rules on a jurisdictional objection as a preliminary question, any party may, within 30 days of the date of service of that ruling, request the competent court to decide the matter. The resulting court decision is not subject to appeal (Article 20(6)).

For more information about this answer please contact: Tanja Šumar from Schoenherr Attorneys at Law