ABSTRACT

This chapter considers the jurisdiction of the tribunal and examines what the tribunal should do, may do and should not do in the course of dealing with such disputes. It reviews the courses open to a party which believes that the tribunal has exceeded its jurisdiction or failed to perform an obligation. If a tribunal lacks jurisdiction altogether, it has no authority to continue with the arbitration. If it does so, any award that it makes will be void and if a party attempts to rely on such an award, it will be set aside and enforcement refused. A partial challenge to the jurisdiction of an arbitral tribunal is one that is limited to only some of the disputes submitted to the tribunal. It follows from the fact that the challenge is only partial that both parties accept that there is a valid arbitration agreement and a valid appointment of the tribunal.