Meaning
Legal authority granted to a panel of arbitrators allows for the determination of specific disputes under a written agreement. An arbitral tribunal jurisdiction covers the substantive issues referred by the parties and excludes matters outside the original consent. It establishes the legal boundary within which the members of the tribunal possess the mandate to issue a binding award.
Tribunal Competence
A panel determines its own level of authority through the principle of competence competence. When a party challenges the existence or validity of the contract, the arbitral tribunal jurisdiction remains robust enough to assess its own foundation. The decision on such authority is usually the first stage of any contested proceeding.
Contractual Origin
Agreements between parties provide the specific source for the powers of the tribunal. These clauses identify which categories of disputes are subject to arbitral tribunal jurisdiction and which remain for national courts. The scope is defined by the words of the contract.
Judicial Oversight
National courts retain a limited ability to review whether a tribunal exceeded the specific instructions of the parties. If an award deals with items outside the arbitral tribunal jurisdiction, the court might set aside the relevant part of the decision. This mechanism ensures the tribunal stays within the agreed limits.
