Navigating Jurisdictional Issues in International Commercial Arbitration

Abstract

International commercial arbitration has emerged as effective and preferred mechanism for dispute resolution
especially in cross-border transactions while offering efficiency, neutrality and enforceability under recognized
frameworks switches the New York Convention (1958) and the UNCITRAL Model Law (1985). However, its
effectiveness is often challenged due to jurisdictional complexities, including valid arbitration agreements, tribunal
authority, and conflicts between national laws. This article examines these challenges through analysis of legal
frameworks, case studies and comparison between different jurisdictions while focusing on the key issues such as
jurisdictional authority, challenges relating to enforcement, conflicting laws, and role of national courts. This study
also highlights the inconsistencies present in the global arbitration practices while proposing reforms, including clearer
arbitration clauses, pro-arbitration bias of national courts and harmony in legislation to reduce the conflicts. By
addressing these challenges, the article advocates for a predictable arbitration ecosystem focusing on its role on
international commercial dispute resolution.