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Interpretation Of Clauses Submitting To Jurisdiction

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Chapter Summary

By basic or primary jurisdiction is meant the compétence to proceed to settle the dispute on the merits. As will be seen, there is a jurisdiction relating to the performance of other acts than this in connection with the settlement of the dispute which will often be governed by somewhat different considerations. Primary (or basic) compétence is derived principally from an instrument (or instruments) which applies to the international tribunal to which a dispute is submitted. The principle of res judicata as a general principle of law of international adjudication, whether arbitral or otherwise, seems to be well accepted. The source or sources of jurisdiction of an international tribunal are the instruments or other modalities through which the consent of the parties, whether direct, indirect, implied or imputed, is expressed. A relevant defect in the constitution of the tribunal would prevent the tribunal from having compétence.

Keywords:compétence ; international adjudication; international tribunal; jurisdiction; res judicata

10.1163/ej.9789004181335.i-284.28
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