The support judge does not have general jurisdiction to decide all disputes arising during the arbitration process. It is only competent to provide, on a suppletive basis, the constitution of an arbitral tribunal in case of risk of denial of justice. The support judge does not have jurisdiction to rule on a dispute relating to the wrongful performance by an arbitration institution of the contract of organization of the arbitration. This debate is within the jurisdiction of the common law jurisdiction.
Étiquette : icc
Challenging the constitution of an arbitral tribunal in an application for annulment
The application for annulment of an arbitral award must not constitute a second way to challenge the constitution of the Arbitral Tribunal by a party who has belatedly challenged an arbitrator (Cour de cassation, 1st Civil chamber, 15 June 2017, no. 16-17108). A telecommunications company and an African state were joint shareholders of a …