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Arbitral tribunal jurisdiction Mariana França Gouveia
The problem If the source of jurisdiction of the arbitral tribunal is the arbitral agreement inserted in the contract, can the tribunal assess its validity?
Positive effect The arbitral tribunal has jurisdiction to assess its own jurisdiction Kompetenz-kompetenz principle Article 18.º LAV
Positive effect The interlocutory decision over jurisdiction can be immediately appealed Article 18.º n.º 9
Negative effect What if the plaintiff starts proceedings first in a judicial court?
Lack of jurisdiction as ground of dismissal 1. The judicial court has full powers to adjudicate jurisdiction issues;
Lack of jurisdiction as ground of dismissal 2. Priority of the arbitral tribunal : – judicial court must dismiss immediately; - Jurisdiction can only be assessed after arbitral tribunal ruling
Lack of jurisdiction as ground of dismissal 3. Priority of the arbitral tribunal, but the judicial court can rule if agreement is obviously void.
Negative effect Rule: priority of arbitral tribunal Exception: obvious nullity Article 5.º LAV
Negative effect Obvious nullidity? No more evidence is needed Certainty about outcome of the legal provision
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