Abstract
The fact that a central feature of international arbitration is the withdrawal of adjudicatory authority from State courts and its conferral upon private tribunals raises an intricate jurisdictional question: who is competent to decide on this delegation of adjudicatory authority? Is this a matter to be decided by State courts which are deprived of their adjudicatory authority by a valid arbitration agreement? Or is this a matter to be decided by arbitral tribunals which are granted adjudicatory authority by a valid arbitration agreement? This chapter offers a comparative analysis of these questions. It starts by addressing the authority of arbitral tribunals to decide on their own jurisdiction. Then, it focuses on the (default) review powers by State courts at the pre-award and post-award stage. The chapter concludes with observations on whether parties can limit the (default) review powers of State courts by way of the exercise of their autonomy.
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