Inherent Power of the Arbitral Tribunal to Investigate Its Own Jurisdiction

Under most leading arbitral institutions' rules and national laws, the arbitral tribunal has the power to raise, investigate and decide on jurisdictional matters sua sponte. This power can be properly exercised, particularly in cases involving issues of arbitrability or public policy and in respondent-default proceedings. When exercising this power, the arbitral tribunal must treat both parties equally and avoid violations of their procedural rights throughout the process of investigating jurisdictional matters.