Research on the Objection to the Jurisdiction of International Commercial Arbitration

Wei Wang
2022 Advances in Economics, Business and Management Research   unpublished
The jurisdiction of international commercial arbitration is the prerequisite of international commercial arbitration procedure and the foundation and condition for the smooth proceeding of arbitration procedure. The determination of arbitration jurisdiction is of great significance to the smooth proceeding of international commercial arbitration and the recognition and enforcement of arbitration awards. Therefore, the study of the objection to the jurisdiction of international commercial
more » ... tion has become a branch of the jurisdiction of international commercial arbitration and has been paid more and more attention by scholars and legal practitioners in recent years. Discussion of the international commercial arbitration jurisdiction, the arbitration tribunal will inevitably involve the court and the arbitration in international commercial arbitration jurisdiction objection to trial jurisdiction of conflict and coordination problems, for international court and the arbitration tribunal and arbitration institutions in the jurisdiction of the court to judge the position of each of the relevant theory is developed with the continuous development of arbitration practice. The development and establishment of jurisdiction and jurisdiction theory is also a process from negation to affirmation of the right to decide the objection to the jurisdiction of the arbitral tribunal. In addition, countries have different views on different issues concerning the adjudication of objection to jurisdiction. By analyzing and comparing the provisions of various countries, international treaties, and the practices of various arbitration organizations, this paper draws reasonable conclusions, to promote the development of international commercial arbitration and make it better serve international trade.
doi:10.2991/aebmr.k.220405.034 fatcat:fzji7cndsrhurg5h5ke3o6acbi