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Jurisdictional Issues

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ArbitrationProcedure

We address jurisdictional challenges in arbitration including arbitration agreement validity, scope of arbitrable disputes, party consent, and competence-competence issues.

Establishing and Challenging Tribunal Authority

Jurisdictional issues determine whether disputes can proceed to arbitration. MC Law's Jurisdictional Issues practice addresses challenges to arbitral authority and defends tribunal jurisdiction when challenged.

Agreement Validity

Valid arbitration agreements are jurisdictional prerequisites. We establish agreement validity and defend against challenges based on formation defects, capacity issues, or duress. We address separability doctrine and its implications for agreement validity.

Services in this practice

Business and Commercial Litigation

Frequently asked questions

Competence-competence is the principle that arbitral tribunals have the power to rule on their own jurisdiction, including objections to the existence or validity of the arbitration agreement. This prevents parties from delaying proceedings through court challenges.

Common objections include invalidity of the arbitration agreement, disputes falling outside the agreement's scope, lack of standing or proper party status, failure to satisfy preconditions to arbitration, and expiration of limitation periods.

The separability doctrine treats the arbitration clause as independent from the main contract. Even if the underlying contract is void, voidable, or terminated, the arbitration agreement may remain valid, allowing the tribunal to decide the dispute.

Jurisdictional objections should typically be raised at the earliest opportunity, often in the response to the request for arbitration or at the first procedural hearing. Failure to raise timely objections may result in waiver of the right to challenge jurisdiction.

Courts may consider jurisdiction at the enforcement or set-aside stage, and some jurisdictions allow pre-arbitration court review. However, most pro-arbitration jurisdictions defer to tribunals on jurisdictional questions under the competence-competence principle.

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Our team

People in this practice

CS
Casey Scott McKay
Attorney
Washington, D.C.
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