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Chapter Summary

Apart from jurisdiction to deal with the merits, an arbitral tribunal may have to deal with other matters which are only connected with the case on the merits. The jurisdiction to deal with these matters comes within the scope of the incidental jurisdiction of the tribunal. In the case of interventions there are three principal questions relating to jurisdiction which arise when a third party seeks to participate as an intervenor in proceedings between two (or more) other parties. International tribunals generally have an incidental jurisdiction to order interim or provisional measures in cases submitted to them. The first issue that arises concerns the source of the authority of a tribunal to order interim measures.

Keywords:incidental jurisdiction; interim measures; interventions; tribunal



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