Challenges to arbitral jurisdiction have become quite a common practice in the field of international arbitration. Responding appropriately to such challenges is crucial to the efficacy of international arbitration as a system of dispute resolution. This work focuses particularly on the means and procedures for determining arbitral jurisdiction in state court proceedings at the early stages of the arbitral process - i.e. prior to the rendition of an arbitral award - and analyses them in terms of their efficacy and legitimacy. It provides a comparative analysis of the practice of the English, Swiss and German legal orders and outlines suggestions for improving current practices.
Additionally, an overview of the current EU framework for arbitration and the changes proposed to the existing framework is included. International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. However, as theoretical foundations of arbitral jurisdictions are also explored, the work is highly relevant to scholars and to law students as well.
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