Document Type
Brief
Case Name
Beijing Shougang Mining Investment Company, Ltd. v. Mongolia
Publication Date
4-29-2022
Abstract
No. 21-1244
Beijing Shougang Mining Investment Company, Ltd. v. Mongolia
On Petition for Writ of Certiorari to the United States Court of Appeals for the Second Circuit
From the Summary of Argument
Parties to international arbitration and arbitral tribunals themselves value predictability and dependability. This is especially so for threshold questions concerning the authority of an arbitral tribunal to decide disputes over its own jurisdiction. Among international arbitration scholars and practitioners this threshold question is often known by the German term kompetenz-kompetenz, referring to the issue of competence to determine the competence of an arbitral panel to decide a dispute. Kompetenz-kompetenz sets the framework for the arbitration and promotes the value of efficiency that is paramount to the arbitration system. Lack of clarity introduces inefficiencies to the process, particularly in the enforcement of awards.
Recommended Citation
Dowd, Sarah A.; Fisher, Eric B.; Gonyou, Travis A.; and Desierto, Diane, "Brief of Amici Curiae Arbitration Scholars and Practitioners in Support of Petitioners" (2022). Court Briefs. 62.
https://scholarship.law.nd.edu/sct_briefs/62
Comments
The undersigned are scholars and practitioners of international arbitration, who broadly write about and practice in foreign arbitral seats. Many of us have published widely on international arbitration issues, including the international approach to resolving questions of arbitral jurisdiction. We seek to offer another perspective for the Court concerning how the threshold issue of arbitrability is reviewed in other key seats of arbitration.
See the listing on pages 1a-7a, including Notre Dame Law School's Diane Desierto.