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Early determination of jurisdiction / Fabricio Fortese

Author
Fortese, Fabricio
Published
Alphen aan den Rijn, The Netherlands : Kluwer Law International BV, [2024]
Physical Description
1 online resource (ix-xv, 176 pages).
Additional Creators
Wolters Kluwer (Firm) and Kluwer Law International (Firm)
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Summary
The interpretation and application of the competence-competence principle are not uniform across jurisdictions. Conflicting approaches - to the extent, effects, and consequences of permitting an arbitral tribunal to decide on its own jurisdiction and the proper timing for judicial involvement - rest upon significant theoretical and policy concerns that have practical implications. Focusing on Article 8(1) of the UNCITRAL model law on international commercial arbitration, this book thoroughly examines a question of timing: whether national courts should (or could) conclusively settle jurisdictional disputes before or after the arbitrators have determined jurisdiction.
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Bibliography Note
Includes bibliographical references.
View MARC record | catkey: 44260732