Analysis on Jurisdiction and admissibility in international arbitration. is there a confusion between the two notions or are there different views?

Abstract
While there’s no uniform view of Arbitral Tribunals as to a where the line is drawn between jurisdiction and admissibility and sometimes there’s even a confusion between the 2 notions, the distinction should be very clear, the two being “as different as night and day”. With that in mind however, in between the two there’s a whole range of “lights” and each case is different than the next, so different arguments can be brought for each of the 2 notions, depending on which proves more helpful for one’s position in a case, sometimes even both.

Introduction
First part- Theoretical aspects on Jurisdiction and admissibility objections
1. Defining Jurisdiction and admissibility objections
 Jurisdictions and lack thereof
 Admissibility and inadmissibility
2. The distinction Between Jurisdiction and admissibility objections
 The differences
 The importance of the distinction between the 2 notions

Second Chapter – Research analysis on case law
3. The purpose of the analysis
4. Analysis
 Jurisdictional objections
 Admissibility objections
 Drawing the distinction between jurisdiction and admissibility
 Confusion between the 2 notions
 Different views
5. The implications
Conclusions

București, 2015

Ingrid MŰLLER

Posted in Arbitraj, Dreptul comerțului internațional, Lucrări de disertație Tagged with: , ,