Kluwer: 'No Dispute, No Jurisdiction' Principle In Arbitration: An Analysis In CMB v. Fund & Cattle Case

Arbitral tribunals often face jurisdictional challenges concerning whether there is a valid arbitration agreement or if a dispute falls within the scope of the arbitration agreement. However, a crucial yet sometimes overlooked pre-condition for establishing the jurisdiction of an arbitral tribunal is the actual existence of a “dispute” between the parties. This was affirmed by the Hong Kong Court of Appeal CMB v.