The Jurisdiction of the Arbitral Tribunal: A Transnational Analysis of the Negative Effect of Competence

The issue of jurisdiction of the arbitral tribunal raises questions such as, who decides whether the arbitral tribunal can determine its own jurisdiction and at what stage of the arbitral process should judicial intervention, if any, occur? There are divergent approaches taken by courts to these questions. This article offers a comparative analysis of jurisdictional approaches to providing priority to the arbitral tribunal to rule on its own jurisdiction.