Article 21—Arbitral Jurisdiction

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ID: 317917
2026
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Abstract
Abstract This chapter looks at Article 21 of the ICDR Rules. An arbitral tribunal must consider whether it has jurisdiction over the subject matter of any dispute that comes before it. Article 21 provides the tribunal with authority to determine this preliminary question by deciding any objections to its jurisdiction relating to the ‘existence, scope, or validity of the arbitration agreement’. Under Article 21(3), jurisdictional objections must be made no later than the filing of the Answer to a particular claim, counterclaim, or set-off. The chapter situates these provisions within the doctrines of competence-competence and separability, explaining how Article 21 empowers tribunals to rule on their own jurisdiction without prior court intervention, even where the validity of the underlying contract is challenged. It also examines the timing and procedural handling of jurisdictional objections and the consequences of waiver.
Reference Key
openalex_W7165177570 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Martin F Gusy, James M Hosking, Gretta Walters
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780197848012.003.0022
URL
https://doi.org/10.1093/law/9780197848012.003.0022
Keywords Keywords not found

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