Stockholm university

Research project Early Determination of Arbitral Jurisdiction

- Balancing efficacy, efficiency, and legitimacy of arbitration.

The research project examines the timing of judicial determination of jurisdictional disputes in the presence of an arbitration agreement.  

It is uncontroversial that national courts have the authority to decide, conclusively, disputes over arbitral jurisdiction. In international arbitration, it is common ground that arbitrators, too, have the power to rule on their own jurisdiction, subject to judicial control. The critical question is whether national courts should (or could) conclusively decide arbitral jurisdiction before or after the arbitrators have preliminarily determined that controversy. 

Therefore, this research project examines the extent of review and finality of the judicial determination of arbitral jurisdiction at the threshold of an arbitration. Put differently, this study does not question who has the authority to settle jurisdictional disputes (conflict of jurisdictions). Both judges and arbitrators enjoy such decision-making power. Instead, this research is about when (timing) should a court exercise that authority with conclusive effects. 

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