Volume 11 (2014) / Issue 44
ABSTRACT: This article aims at assessing on whether or not the Courts may review the decisions taken by the arbitrators regarding the compliance with the pre-arbitral mechanisms. In order to define the nature of these decisions, a theoretical analysis will be pursued concerning the definitions of jurisdiction and admissibility and its application by arbitrators and judges, either in commercial and investment arbitrations. Although the jurisprudence is far from a consensus, it is observed that the arbitrators have last word, since any objection based on the disregard of the pre-arbitral mechanism in within the admissibility and, therefore, excluded from the state control.
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