The present work deals with the jurisdictional power of the arbitrators. After the emergence of the prima facie test in the enforcement of the arbitration agreement, we are now assisting the creation of a new arbitral power, i.e., the power to render an enforceable decision attesting the invalidity or inapplicability of the arbitration agreement (the so-called negative jurisdictional ruling). These trends imply a shift in the theory of international arbitration: from a private system originating from the will of the parties, to a distinct legal order operating side by side with national legal systems.
Journal of International Arbitration