An Inquiry on International Arbitral Authority: Common Principles of Enforcement Jurisdiction
The jurisdiction of international arbitral tribunals is based on the consent of parties to the arbitration agreement, but the decision-making authority of those tribunals may affect parties beyond the discrete dispute. The lawful scope of that authority is unclear as a matter of international law, raising issues of legitimacy and the capacity of states to enforce the jurisdiction of these international bodies.
At the same time, public international law has tended to focus on the rules of jurisdiction pertaining to the scope of a state’s authority to make laws (prescriptive jurisdiction) whilst little attention has been placed on enforcement jurisdiction (i.e. the authority of states to induce or compel compliance with their laws, or through their courts).
This thesis ties these formerly unconnected strands together to determine whether there are any ‘common principles’ of enforcement jurisdiction arising as an aspect of the adjudicative jurisdiction of states (or decision-making authority). By determining the scope and content of any such principles, this study seeks to show what the lawful scope of authority of this particular type of international arbitral tribunal is, or ought to be, as a matter of state practice within the meaning of Article 38(1)(b) ICJ Statute.
Satya Talwar Mouland is a recipient of the QMUL London Research Studentship. She completed her LLM in Commercial Law at the University of Edinburgh 2015-16 for which she received the UK/EU Masters Scholarship. Her dissertation, entitled "A Conceptual Approach to Jurisdiction in International Law", focused on private international law aspects of the doctrine of jurisdiction.
During her LLB Law with German Law degree at the University of Birmingham 2011 - 2015, she completed a year abroad at the Free University of Berlin, where she participated in and finished as an Oral Finalist in the Willem C Vis International Commercial Arbitration Moot 2013-14 in Hong Kong. Her undergraduate thesis entitled "Comparing the Role of the Courts in English and German Arbitration Law" originally written in German was subsequently published in English in The European Students Association Law Review and the Asian Law Students' Association Review.
Her current doctoral thesis builds in some ways on the fruits of both degrees, combining her understanding of the role of the courts in the context of international dispute resolution with development of the doctrine of adjudicative jurisdiction in international law. The focus of this thesis is on public international law aspects of the doctrine. It uses a doctrinal and comparative approach, looking at the doctrine through the lens of the UK, US and French law understandings of adjudicative jurisdiction. Satya is a native English speaker, speaks fluent German and has a working knowledge of French.