Some aspects of jurisdiction in international commercial arbitration

International commercial arbitration has demonstrated the level of controversies involved in international commercial transactions and the conflicting interests between developed and the developing States, especially in the context of international investment matters. The diversity of the parties involved in international commercial relations manifests itself in conflicting goals and interests. Due to this, international commercial disputes are intrinsic and inevitable. The subject merits a fresh scholarly study ever more increasingly in the wake of recent proliferation of= international commercial dispute mechanisms and in the context of a recent wave of movement towards globalisation and liberation of trade and investment. However, this study is concerned only with some aspects of jurisdiction, one of the major central themes of international commercial arbitration. The central argument of this thesis is that there should not be competition between national courts and arbitral tribunals in seizing jurisdiction over international commercial disputes; but rather a real harmonious partnership between arbitral mechanisms and national courts. In particular, the emphasis should be upon the responsiveness to the needs of parties to international commercial disputes, and the adoption of liberal approaches towards international commercial arbitration in the era of globalisation of investment. The aim of this thesis is to contribute towards the effective understanding of international commercial arbitration as a pragmatic legal mechanism for promoting international business in a more balanced, equitable, and beneficial environment, by examining some aspects of jurisdiction in relation to international commercial arbitration, this is explained in (Chapter One) of this thesis. Therefore, Part I starts by analysing positive and negative aspects of jurisdiction in international commercial arbitration. Positive aspects include the foundations of the arbitral process, represented by the doctrines of severability of the arbitration agreement and competence-competence (Chapter Two). Negative aspects are dealt with as jurisdictional challenges to the arbitral tribunals, and here arbitrability is taken as a case study (Chapter Three). In Part II selected areas are used as case studies to explore a series of themes illustrating jurisdictional,issues; such as the jurisdiction of arbitral tribunals under Islamic law (Chapter Four), the jurisdiction of ICSID (Chapter Five) and the granting of interim measures by arbitral tribunals (Chapter Six). Consequently, in Part III a series of recommendations are put forward in respect of what lessons can be learnt, and the implications for promoting effective formats in overridi