2. The specific content of the Answer.
a. Objections
i. Objections to jurisdiction
Objections to jurisdiction can be considered as the essential point where there will…
Thanks to the principle of competence-competence, arbitral tribunals decide whether…
If the Respondent does not object to jurisdiction, it will often be regarded as a…
In this regard, the ISTAC Rules provide in article 9-1 that “the respondent raises its objections with respect to the existence, validity, content, scope or application of the Arbitration Agreement within its Answer to Request for Arbitration. Otherwise, the respondent’s objection to the jurisdiction shall not be considered.”…
Here are a couple of ideas of objections on jurisdiction that can be raised.…
Objection resulting from the clause itself…
Pathological clauses are more common than one would think. A common example is for…
Objection stemming from the arbitrability of the dispute…
There are issues which may not be decided through arbitration. For example, one frequent…
Objections stemming from other contracts…
Another element that should be analyzed is the potential existence of multiple contracts.…
Objections relating to non-signatories of the arbitration agreement…
According to the seat of the arbitration and where enforcement will potentially be…
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