Can a contractor bring several claims against the owner arising from the same building contract? Multiple proceedings arising from the same contract certainly seem like a waste of time and money. And even if the contractor can do so, can those claims be asserted first in arbitration and then in court litigation? Once again, different [...]
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Posted by: Thomas Heintzman
13
Jun
What Are The Limits Of Competence-Competence For Arbitral Tribunals?
Posted by: Thomas Heintzman
6
Jun
Competence-competence is now a foundational principle of the modern law of arbitration. According to that principle, an arbitral tribunal is competent to decide its own competence. In other words, the tribunal has jurisdiction to decide its own jurisdiction. That principle demands, in turn, that the arbitral tribunal, and not the court, should in the first [...]
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