2002Hu'nan Shifan Daxue shehui kexue xuebaoRequires access

On the Adoption of the Principle of Jurisdiction Concerning the Jurisdiction in Our Country

Deng Jie

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Abstract

The principle of jurisdiction concerning the jurisdiction has become one of the basic principles of modern arbitration law. The same principle should also be adopted in our country. For the purpose, we should give the arbitral tribunal the jurisdiction of deciding its own jurisdiction; abolish the jurisdiction of the arbitration commission over the jurisdictional disputes; give the people's court the jurisdiction of supervising over the jurisdictional decisions made by the arbitral tribunal during the course of arbitration.

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What this paper is about

The principle of jurisdiction concerning the jurisdiction has become one of the basic principles of modern arbitration law. The same principle should also be adopted in our country. For the purpose, we should give the arbitral tribunal the jurisdiction of deciding its own jurisdiction; abolish the jurisdiction of the arbitration commission over the jurisdictional disputes; give the people's court the jurisdiction of supervising over the jurisdictional decisions made by the arbitral tribunal during the course of arbitration.

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Available abstract

The principle of jurisdiction concerning the jurisdiction has become one of the basic principles of modern arbitration law. The same principle should also be adopted in our country. For the purpose, we should give the arbitral tribunal the jurisdiction of deciding its own jurisdiction; abolish the jurisdiction of the arbitration commission over the jurisdictional disputes; give the people's court the jurisdiction of supervising over the jurisdictional decisions made by the arbitral tribunal during the course of arbitration.

Key concepts: Jurisdiction, Arbitration, Tribunal, Subject-matter jurisdiction, Law, Exclusive jurisdiction, Original jurisdiction, Commission

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