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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Jurisdictional Errors

Jurisdictional Errors

A Critique of the North American Dredging Company Case

Chapter:
(p.167) 10 Jurisdictional Errors
Source:
Practising Virtue
Author(s):

Oscar M Garibaldi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0011

This chapter examines the so-called ‘structural errors’ relating to the determination of jurisdiction by arbitral tribunals. It focuses on the case of North American Dredging Company in which the United States-Mexico General Claims Commission incorrectly declined jurisdiction in an inter-state proceeding because the contract between the respondent and the affected company excluded the latter from seeking diplomatic protection. The chapter makes a forceful argument that arbitral tribunals should resolve a dispute based on an independent assessment of the applicable law and not uncritically follow earlier precedent.

Keywords:   jurisdiction, international arbitration, arbitral tribunals, diplomatic protection

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