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La Compétence de la Compétence

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Chapter Summary

In national systems the jurisdiction of tribunals is determined by enacted legislative instruments or the common law of the land. Agreement or consent of the parties to a dispute which is adjudicated is not the basis of the jurisdiction of the tribunal concerned. The prime example of a two-step procedure in arbitration is the procedure under the ICSID Convention. In the case of arbitration under the ICSID Convention, there are two requirements for consent to be made effective. There may be specific requirements as to form of consent in the governing instruments of tribunals or courts, or there may not. For example, in the ICSID Convention Article 25(1) states that the consent between the state party to the dispute and the national of the other state should be in writing.

Keywords:consent; ICSID Convention; jurisdiction; tribunals

10.1163/ej.9789004181335.i-284.13
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