700 to 1000 words. “if arbitrability is a limitation imposed by law, again, the tribunal has no power to decide the grievance brought to them. Arbitrability can be a barrier to arbitration and this issue is either raised as a challenge to the tribunal’ s jurisdiction during the referral stage or as a challenge to the award during the enforcement stage. Although the viewpoint might resonate similarities under English law, during the referral stage a challenge based on lack of arbitrability confronts the arbitral tribunal’s jurisdiction to rule the dispute just as it would in other jurisdictions. As a result, if the subject matter is not capable of settlement by arbitration, the arbitral tribunal has no jurisdiction to adjudicate the impasse.”
Oliveira, “The English law approach to arbitrability of disputes” (International Arbitration Law Review (2016) Int. A.L.R. 155).
In light of the above statement, critically analyse the law pertaining to arbitrability. In doing so, refer to the effect which arbitrability has on an arbitrator’s jurisdiction.1. Apply advanced theoretical knowledge and in-depth critical thinking to suggest credible and creative solutions to current legal issues within the field of International Commercial Arbitration.
2. Demonstrate a critical awareness of current legal problems and new insights pertaining to Commercial Arbitration internationally.
3. Critically analyse and evaluate in-depth International Arbitration Law.
4. Develop advanced reasoned arguments, challenging assumptions and reaching sound informed judgments.
5. Visualise creative solutions to current and complex issues in Commercial Arbitration
6. Demonstrate autonomy, responsibility and team-working skills through co-operation on case studies.
7. Exercise sophisticated skill and judgment in evaluating complex legal problems in International Commercial Arbitration.