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Arbitral tribunal jurisdiction

Arbitral tribunal jurisdiction. Mariana F rança Gouveia. The problem. If the source of jurisdiction of the arbitral tribunal is the arbitral agreement inserted in the contract , can the tribunal assess its validity ?.

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Arbitral tribunal jurisdiction

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  1. Arbitral tribunal jurisdiction Mariana França Gouveia

  2. Theproblem Ifthesource of jurisdiction of the arbitral tribunal isthearbitral agreementinserted in thecontract, can the tribunal assessitsvalidity?

  3. The arbitral tribunal hasjurisdiction to assessitsownjurisdiction • Kompetenz-kompetenzprinciple • Article 18.º LAV Positive effect

  4. Theinterlocutorydecisionoverjurisdiction can beimmediatelyappealed • Article 18.º n.º 9 Positive effect

  5. Whatiftheplaintiffstartsproceedingsfirst in a judicial court? Negative effect

  6. 1. The judicial court hasfullpowers to adjudicatejurisdictionissues; Lack of jurisdiction as ground of dismissal

  7. 2. Priority of the arbitral tribunal : – judicial court must dismissimmediately; - Jurisdiction can onlybeassessedafter arbitral tribunal ruling Lack of jurisdiction as ground of dismissal

  8. 3. Priority of the arbitral tribunal, butthe judicial court can rule ifagreementisobviouslyvoid. Lack of jurisdiction as ground of dismissal

  9. Rule: priority of arbitral tribunal Exception: obviousnullity Article 5.º LAV Negative effect

  10. Obviousnullidity? No more evidenceisneeded Certaintyaboutoutcome of the legal provision Negative effect

  11. jurisdiction Mariana França Gouveia

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