الرئيسية
الهيئة الدولية للتحكيم ،أثر اتفاق التحكيم
Effect of the Arbitration Agreement
If the Respondent does not file an Answer, as provided by Article 5, or if any party raises one or more pleas
concerning the existence, validity or scope of the arbitration agreement, the Court may decide, without
prejudice to the admissibility or merits of the plea or pleas, that the arbitration shall proceed if it is prima
facie satisfied that an arbitration agreement under the Rules may exist. In such a case, any decision as to
the jurisdiction of the Arbitral Tribunal shall be taken by the Arbitral Tribunal itself. If the Court is not so
satisfied, the parties shall be notified that the arbitration cannot proceed. In such a case, any party retains
the right to ask any court having jurisdiction whether or not there is a binding arbitration agreement.
الهيئة الدولية للتحكيم
Effect of the Arbitration Agreement
If the Respondent does not file an Answer, as provided by Article 5, or if any party raises one or more pleas
concerning the existence, validity or scope of the arbitration agreement, the Court may decide, without
prejudice to the admissibility or merits of the plea or pleas, that the arbitration shall proceed if it is prima
facie satisfied that an arbitration agreement under the Rules may exist. In such a case, any decision as to
the jurisdiction of the Arbitral Tribunal shall be taken by the Arbitral Tribunal itself. If the Court is not so
satisfied, the parties shall be notified that the arbitration cannot proceed. In such a case, any party retains
the right to ask any court having jurisdiction whether or not there is a binding arbitration agreement.
الهيئة الدولية للتحكيم
