Definition of Jurisdiction

In a general legal sense, Jurisdiction is the authority or power of a court (or an arbitral tribunal) to hear and decide a case. In the context of Arbitration:

  • Competence-Competence (Section 16): An arbitral tribunal has the power to rule on its own jurisdiction, including any objections regarding the existence or validity of the arbitration agreement.

  • Territorial Jurisdiction: Refers to the geographical area (the "Seat" of arbitration) where the tribunal’s authority is exercised.

  • Subject-Matter Jurisdiction: Refers to whether the specific type of dispute is "arbitrable" under the law. For example, criminal matters or matrimonial disputes are generally outside the jurisdiction of an arbitral tribunal.

  • Pecuniary Jurisdiction: Refers to the authority of a body based on the monetary value of the dispute.

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