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 was not properly constituted;
• The dispute falls outside the scope of the arbitration clause;
• The claim is against the wrong party;
• The subject matter is not arbitrable;
• Required preconditions to arbitration were not satisfied;
• In treaty cases, there is no consent or no jurisdiction under the treaty / ICSID Convention.