Comparative Guides
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Results: 4 Answers
International Arbitration
Objections to jurisdiction
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
Objections to the jurisdiction of the tribunal must be raised at the latest together with the statement of defence. A complaint that the tribunal is exceeding its powers must be made as soon as the matter in respect of which this allegation is made is discussed in the arbitration proceedings. However, in either case, the tribunal has the power to permit such an objection to be raised at a later point in time if the party raising it provides sufficient excuse for such delay.

If the tribunal confirms its own jurisdiction through an interim decision, the objecting party may file a challenge with the competent state courts within one month of receiving written notification of the interim decision. This time limit also applies to the challenge of a final award on the grounds that the tribunal did not have jurisdiction over the matter.

For more information about this answer please contact: Nicholas Kessler from Orrick
Can a tribunal rule on its own jurisdiction?
Pursuant to the doctrine of competence-competence, on which the German Arbitration Act is based, the tribunal has the power to decide on its own jurisdiction. It is also authorised to decide whether an arbitration agreement exists and is valid.

For more information about this answer please contact: Nicholas Kessler from Orrick
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
Before the tribunal is constituted, the parties may apply to the state courts to determine the admissibility of the arbitration proceedings. However, once the tribunal has been constituted, it has the primary competence to rule on its jurisdiction; the parties are confined to challenging the tribunal’s decision in this respect, depending on the type of decision that is taken. The state courts have the final say and can either uphold or reject the tribunal’s determination (see question 13).

The state courts may also address the question of the tribunal’s jurisdiction if the defendant in a lawsuit objects to the state court’s jurisdiction on the grounds that the dispute is subject to arbitration.

For more information about this answer please contact: Nicholas Kessler from Orrick