Jump to ContentJump to Main Navigation
Practising VirtueInside International Arbitration$
Users without a subscription are not able to see the full content.

David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2020

Jurisdictional Errors

Jurisdictional Errors

A Critique of the North American Dredging Company Case

(p.167) 10 Jurisdictional Errors
Practising Virtue

Oscar M Garibaldi

Oxford University Press

This chapter examines the so-called ‘structural errors’ relating to the determination of jurisdiction by arbitral tribunals. It focuses on the case of North American Dredging Company in which the United States-Mexico General Claims Commission incorrectly declined jurisdiction in an inter-state proceeding because the contract between the respondent and the affected company excluded the latter from seeking diplomatic protection. The chapter makes a forceful argument that arbitral tribunals should resolve a dispute based on an independent assessment of the applicable law and not uncritically follow earlier precedent.

Keywords:   jurisdiction, international arbitration, arbitral tribunals, diplomatic protection

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .