03. Arbitration Agreement I

Question 1

What is required for an arbitration agreement?

Answer 1

1) Form Validity
- In writing (NY Convention Art II(2))

2) Substantive Validity
- Capacity
- Consent

Question 2

What is Kompetenz-Kompetenz?

Answer 2

Tribunal determines his own jurisdiction

Otherwise court determines tribunal’s jurisdiction

Question 3

What factors can be used to challenge the tribunal’s jurisdiction?

Answer 3

No valid arbitration agreement

No consent to arbitration clause

Scope of agreement not covering Respondent

Non-arbitrable issues

Question 4

What is separability?

Answer 4

Arbitration Agreement (validity) > NOT affect > Arbitral Clause
- Protects integrity of parties’ intent to submit to arbitration
- Protects tribunal’s jurisdiction to decide case on merits