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Annex To Chapter Ten

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Chapter Summary

The first question that may face an international arbitral tribunal after it has been constituted is whether it has jurisdiction (compétence) to determine its own jurisdiction (compétence), i.e., whether it has power to decide whether it may proceed with the judicial settlement of the particular case (la compétence de la compétence). Arbitral tribunals have exercised the compétence de la compétence, where this competence has not been questioned. The question whether a tribunal has la compétence de la compétence is not a question that generally must be decided if the tribunal is to proceed with the case. Indeed, in many cases tribunals have simply decided on their jurisdiction. The ICSID Convention provides in Article 51 for revision of an arbitral award in limited circumstances and in Article 52 for annulment of an award where the tribunal has manifestly exceeded its powers.

Keywords:ICSID Convention; international arbitral tribunal; la compétence de la compétence

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