Macau Arbitration Law: challenging arbitral tribunal jurisdiction, Kompetenz-Kompetenz, court proceedings and setting aside (Arts 14, 46, 69)
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Practice notes
In arbitration, jurisdiction signifies the arbitral tribunal’s authority to decide issues that go to the merits of the dispute (see: Jurisdiction and admissibility in dispute resolution clauses). Accordingly, jurisdiction is a prerequisite for an arbitral tribunal to rule on a case...
General principles of arbitral tribunal jurisdiction under Macau Arbitration Law
Jurisdiction established by agreement—party autonomy
In arbitration, the tribunal’s jurisdiction derives entirely from the parties’ consent. Their arbitration agreement(s) both grant the power to resolve disputes and delineate its scope. Although an arbitral tribunal has no inherent jurisdiction, it is empowered to assess that question itself under the general rule of Kompetenz-Kompetenz...
The principle of Kompetenz Kompetenz
The arbitral tribunal may determine its own jurisdiction and decide any challenge to the existence or validity of the arbitration agreement. This principle is recognised in virtually all arbitration regimes, and Macau is no exception. Under Article 46 of the Macau Arbitration Law, the arbitral tribunal is competent to decide whether it has jurisdiction to determine the dispute...
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Web page updated on 21/05/2026
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