Introduction

How can, should or must an arbitral tribunal conduct itself in the face of suspected illegality of a contract in relation to which it is meant to adjudicate a dispute? How should a tribunal behave in the face of illegality which is admitted or otherwise manifest? Should the nature of the would-be illegality make a difference to the tribunal's assessment of its own jurisdiction? Of the separability of the agreement to arbitrate? Of arbitrability? When should the issue of jurisdiction hinge on whether the illicitness arguably tainted the contract ab initio, as opposed to an ...