Research On The Challenge Of Jurisdiction In International Commercial Arbitration

Jurisdiction in the International Commercial Arbitration is the precondition andfoundation of International Commercial Arbitration. And the arbitral tribunal has no rightto hear cases beyond its jurisdiction. But by challenging the tribunal’s jurisdiction, theclient can seek other ways to solve the international commercial dispute to protect theirprofit. Studying on the related issues about challenge of jurisdiction is very necessary,which is not only beneficial to the arbitral tribunal to make the just and right decision, butalso helpful to solve problems economically and effectively. This essay analyses thechallenge of Jurisdiction in International Commercial Arbitration at the basis of thecomparative analysis as the basic research method, the improvement of China’s arbitrationcareer as the starting point, and the combination of world’s arbitration legislation practiceand rules of some international arbitration conventions.The subject and the deadline are different during the period of case acceptance, thearbitral procedure and the challenge of jurisdiction after verdict. This article argues that thesubject of challenging jurisdiction includes applicants, respondents, revocation parties andparties being executed. Meanwhile the reasons of challenging jurisdiction are different,including the effect of arbitral contract and the arbitrability. The subject of challengingjurisdiction mainly includes arbitral institutions, arbitral tribunals and courts, among whichexists the conflict of jurisdiction. By analyzing the “Competence-Competence Principle”and “concurrent control” system, this article discusses the necessity of arbitral tribunal’sself-determination on jurisdiction and court’s judicial supervision. Besides, this essayargues it important to use “Competence-Competence Principle” and “concurrent control”system to coordinate the jurisdiction conflicts between different subjects. China has notestablished the full “Competence-Competence Principle” and its deadline and motions of challenging jurisdiction are improper. So, this article advises to establish “Competence-Competence Principle” and to expand the motions of challenging jurisdiction, and toshorten the deadline of challenging jurisdiction.