Consent, Jurisdiction, and the Integrity of International Arbitration: the Heirs of Sulu v. Malaysia case

• 발행기관: 한국중재학회
• 저자명: Samantha Nataf
• 간행물 정보: 『중재연구』제35권 제3호, 161~178쪽, 전체 18쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2025.09.30

국문 초록

The Heirs to the Sultanate of Sulu v. Malaysia case has generated a wealth of court rulings across multiple jurisdictions. Its appeal lies in its extraordinary background involving an arbitration agreement concluded in 1878 during the colonial era which the parties’ successors sought to enforce more than a century later. This paper focuses on the decisions issued by the French courts on jurisdiction. The central issue was whether the designation by the parties in their arbitration agreement of the Consul General of the British Crown in Brunei to address their disputes — an office that no longer exists — rendered the arbitration clause inoperative. As this function was found to be a decisive element of the parties’ consent, the clause had become impossible to perform and thus void. Enforcement in France was denied.

목차

Ⅰ. Introduction

Ⅱ. Overview of the Heirs of Sulu v. Malaysia Case and the French Decisions on Jurisdiction

Ⅲ. The French approach to consent in international arbitration

Ⅳ. Conclusion

References

키워드

onsent jurisdiction substantive rules validity appointing authority France