arbitrability is a limitation imposed by law

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.…

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.

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