Book contents
- UNCITRAL Model Law on International Commercial Arbitration
- UNCITRAL Model Law on International Commercial Arbitration
- Copyright page
- Contents
- Preface
- Contributors
- Abbreviations
- Table of Treaties and Other International Instruments
- Table of Cases
- Table of Legislation
- Article 1 Scope of Application
- Article 2 Definitions and Rules of Interpretation
- Article 2A International Origin and General Principles
- Article 3 Receipt of Written Communications
- Article 4 Waiver of Right to Object
- Article 5 Extent of Court Intervention
- Article 6 Court or Other Authority for Certain Functions of Arbitration Assistance and Supervision
- Article 7 Definition and Form of Arbitration Agreement
- Article 8 Arbitration Agreement and Substantive Claim before Court
- Article 9 Arbitration Agreement and Interim Measures by Court
- Article 10 Number of Arbitrators
- Article 11 Appointment of Arbitrators
- Article 12 Grounds for Challenge
- Article 13 Challenge Procedure
- Article 14 Failure or Impossibility to Act
- Article 15 Appointment of Substitute Arbitrator
- Article 16 Competence of Arbitral Tribunal to Rule on Its Own Jurisdiction
- Article 17 Power of Arbitral Tribunal to Order Interim Measures
- Article 17A Conditions for Granting Interim Measures
- Article 17B Applications for Preliminary Orders and Conditions for Granting Preliminary Orders
- Article 17C Specific Regime for Preliminary Orders
- Article 17D Modification, Suspension, Termination
- Article 17E Provision of Security
- Article 17F Disclosure
- Article 17G Costs and Damages
- Article 17H Recognition and Enforcement
- Article 17I Grounds for Refusing Recognition or Enforcement
- Article 17J Court-Ordered Interim Measures
- Article 18 Equal Treatment of Parties
- Article 19 Determination of Rules of Procedure
- Article 20 Place of Arbitration
- Article 21 Commencement of Arbitral Proceedings
- Article 22 Language
- Article 23 Statements of Claim and Defence
- Article 24 Hearings and Written Proceedings
- Article 25 Default of a Party
- Article 26 Expert Appointed by Arbitral Tribunal
- Article 27 Court Assistance in Taking Evidence
- Article 28 Rules Applicable to Substance of Dispute
- Article 29 Decision-Making by Panel of Arbitrators
- Article 30 Settlement
- Article 31 Form and Contents of Award
- Article 32 Termination of Proceedings
- Article 33 Correction and Interpretation of Award; Additional Award
- Article 34 Application for Setting Aside as Exclusive Recourse against Arbitral Award
- Article 35 Recognition and Enforcement
- Article 36 Grounds for Refusing Recognition or Enforcement
- Index
Article 16 - Competence of Arbitral Tribunal to Rule on Its Own Jurisdiction
Published online by Cambridge University Press: 18 February 2020
- UNCITRAL Model Law on International Commercial Arbitration
- UNCITRAL Model Law on International Commercial Arbitration
- Copyright page
- Contents
- Preface
- Contributors
- Abbreviations
- Table of Treaties and Other International Instruments
- Table of Cases
- Table of Legislation
- Article 1 Scope of Application
- Article 2 Definitions and Rules of Interpretation
- Article 2A International Origin and General Principles
- Article 3 Receipt of Written Communications
- Article 4 Waiver of Right to Object
- Article 5 Extent of Court Intervention
- Article 6 Court or Other Authority for Certain Functions of Arbitration Assistance and Supervision
- Article 7 Definition and Form of Arbitration Agreement
- Article 8 Arbitration Agreement and Substantive Claim before Court
- Article 9 Arbitration Agreement and Interim Measures by Court
- Article 10 Number of Arbitrators
- Article 11 Appointment of Arbitrators
- Article 12 Grounds for Challenge
- Article 13 Challenge Procedure
- Article 14 Failure or Impossibility to Act
- Article 15 Appointment of Substitute Arbitrator
- Article 16 Competence of Arbitral Tribunal to Rule on Its Own Jurisdiction
- Article 17 Power of Arbitral Tribunal to Order Interim Measures
- Article 17A Conditions for Granting Interim Measures
- Article 17B Applications for Preliminary Orders and Conditions for Granting Preliminary Orders
- Article 17C Specific Regime for Preliminary Orders
- Article 17D Modification, Suspension, Termination
- Article 17E Provision of Security
- Article 17F Disclosure
- Article 17G Costs and Damages
- Article 17H Recognition and Enforcement
- Article 17I Grounds for Refusing Recognition or Enforcement
- Article 17J Court-Ordered Interim Measures
- Article 18 Equal Treatment of Parties
- Article 19 Determination of Rules of Procedure
- Article 20 Place of Arbitration
- Article 21 Commencement of Arbitral Proceedings
- Article 22 Language
- Article 23 Statements of Claim and Defence
- Article 24 Hearings and Written Proceedings
- Article 25 Default of a Party
- Article 26 Expert Appointed by Arbitral Tribunal
- Article 27 Court Assistance in Taking Evidence
- Article 28 Rules Applicable to Substance of Dispute
- Article 29 Decision-Making by Panel of Arbitrators
- Article 30 Settlement
- Article 31 Form and Contents of Award
- Article 32 Termination of Proceedings
- Article 33 Correction and Interpretation of Award; Additional Award
- Article 34 Application for Setting Aside as Exclusive Recourse against Arbitral Award
- Article 35 Recognition and Enforcement
- Article 36 Grounds for Refusing Recognition or Enforcement
- Index
Summary
An analysis of the travaux préparatoires of article 16 demonstrates that there was an overriding focus to strike a balance between providing a wide scope to the tribunal’s discretion and recourse to the courts when necessary. In that context, the key issues discussed were: (1) deciding on the ‘force’ attached to a tribunal’s power to rule on its own competence under article 16(1); (2) ensuring that a plea to the arbitral tribunal’s jurisdiction was made without a delay under article 16(2); and (3) the meaning of ‘preliminary question’ when considering the tribunal’s adjudicatory powers under article 16(3).
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- UNCITRAL Model Law on International Commercial ArbitrationA Commentary, pp. 292 - 313Publisher: Cambridge University PressPrint publication year: 2020