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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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At What Time Must Jurisdiction Exist?

At What Time Must Jurisdiction Exist?

Chapter:
(p.264) 15 At What Time Must Jurisdiction Exist?
Source:
Practising Virtue
Author(s):

Christoph Schreuer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0016

This chapter deals with inter-temporal questions concerning jurisdiction in international dispute settlement. Drawing on the practice of the International Court of Justice, the Permanent Court of International Justice, and investment treaty tribunals, it posits that the basic rule is for jurisdiction to exist when the proceedings are initiated. This creates legal certainty as subsequent developments, including acts by the respondent, cannot defeat jurisdiction. This does not mean, however, that subsequent developments are irrelevant. On the contrary, if certain jurisdictional requirements are only met at a later point, this will usually provide the court or tribunal with jurisdiction. In appropriate cases, proceedings should therefore be suspended so that jurisdictional requirements can be met.

Keywords:   jurisdiction, international dispute settlement, international arbitration, investment treaty tribunals

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