Does Article 8 of the Model Law call for full or prima facie review of the Arbitral Tribunal's jurisdiction?
Article Abstract:
Courts in Model Law jurisdictions are divided over the issue of whether the court can perform a full review of the arbitration agreement' validity and applicability or whether the court should rather apply a prima facie standard to the arbitral tribunal' jurisdiction. An analysis of the text and legislative history of the Model Law reveals that the prima facie approach should be preferred as it best fits with the Model Law' legislative history, basic structure, and underlying principles.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2006
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Enforcement of arbitral awards against states and state entities
Article Abstract:
The article discusses the international arbitration awards against a state that are complied voluntarily based on the availability of enforcement mechanisms.
Publication Name: Arbitration International
Subject: Law
ISSN: 0957-0411
Year: 2007
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