An arbitral award is usually expected to bring a dispute to an end. Within the European Union, however, an award against a Member State or a public entity may open an entirely new front: whether its payment or enforcement would amount to unlawful State aid under Articles 107 and 108 of the Treaty on the […]
International Commercial Arbitration
Timing of Jurisdictional Objections in Arbitration
Arbitration rewards procedural vigilance. A party that believes a tribunal lacks jurisdiction usually cannot stay silent, contest the merits, and only later invoke the objection if the case turns unfavourable. Typical jurisdictional objections that may be raised in arbitration include: No valid arbitration agreement; A party is not bound by the arbitration agreement; The tribunal […]
