28 August 2026 | 2:00 PM – 4:30 PM | In-Person
In complex arbitration, jurisdiction is often the foundation upon which the entire proceeding rests. When multiple parties, contracts and claims are involved, a poorly defined jurisdictional position at the pleadings stage can create procedural uncertainty, delay proceedings and expose an arbitration to challenges later in the process.
Pleading for Jurisdiction: Drafting Strategy in Multi-Party and Multi-Contract Arbitrations is a practical, skills-focused session designed to help arbitrators and counsel anticipate, identify and effectively address jurisdictional issues from the outset of an arbitration.
The session will be facilitated by Prof. Wyne Kenneth Mutuma, MBS, C.Arb, and will focus on the practical intersection between jurisdiction, pleadings and case management.
Jurisdiction is not simply a preliminary legal question. In a complex arbitration, the way jurisdictional issues are identified and pleaded can influence the entire direction of the proceedings.
Multi-party and multi-contract disputes can involve several agreements, different parties, overlapping contractual relationships and competing claims. Questions may arise concerning:
For arbitrators, developing the ability to recognise these issues early is essential to effective tribunal management.
For counsel, careful drafting can help establish the jurisdictional basis of a client’s case while preventing avoidable procedural complications.
One of the central themes of the session will be how established jurisdictional principles can be translated into practical pleading and case-management strategies.
A particularly important principle is kompetenz-kompetenz, the principle that an arbitral tribunal has the authority to determine questions concerning its own jurisdiction, subject to the applicable legal framework.
Understanding the principle is one thing. Knowing how to work with it effectively in pleadings and procedural decisions is another.
The session will therefore move beyond theory to consider how jurisdictional issues can be anticipated and addressed before they develop into larger procedural disputes.
Participants will examine jurisdictional and procedural considerations arising at different stages of an arbitration, including:
How should jurisdictional objections be identified, framed and addressed at the earliest appropriate stage?
How can the Terms of Reference assist in defining the scope of the dispute, the parties involved and the issues that fall within the tribunal’s mandate?
Effective case management begins early. Participants will explore how Procedural Order No. 1 can be used to establish a clear procedural framework for dealing with jurisdictional and related issues.
Multi-party and multi-contract arbitrations frequently raise questions about whether additional parties can be joined or separate proceedings consolidated. Participants will consider the procedural and jurisdictional implications of these decisions.
The inclusion of cross-claims and counterclaims can significantly expand the issues before a tribunal. Understanding their jurisdictional basis is therefore critical.
Set-off can introduce additional legal and factual issues into an arbitration. The session will consider how such claims should be approached from a jurisdictional and pleading perspective.
Participants will also consider the relationship between jurisdiction and applications for interim relief, particularly where urgent measures are sought during complex proceedings.
An arbitrator who can identify potential jurisdictional issues early is better positioned to manage them before they become costly and disruptive disputes.
Good case management is often about anticipating problems rather than simply responding to them.
Jurisdictional questions frequently intersect with procedural decisions. Arbitrators must understand how pleadings, procedural orders, joinder, consolidation and the scope of claims interact.
Refining this skill allows an arbitrator to make more informed procedural directions and decisions.
An Award may be vulnerable if a tribunal exceeds the scope of its jurisdiction or determines matters that were not properly within its mandate.
A strong understanding of jurisdiction from the beginning helps an arbitrator remain within the boundaries of the arbitration agreement and applicable law.
Complex arbitrations can become lengthy and expensive when jurisdictional questions are addressed too late.
Early identification and proper management of jurisdictional issues can help tribunals and parties avoid unnecessary procedural steps and focus resources on the matters genuinely in dispute.
Parties expect arbitrators to take control of complex proceedings while ensuring that each party receives a fair opportunity to present its case.
An arbitrator who understands how jurisdictional issues should be framed, tested and managed is better equipped to provide clear procedural direction.
Arbitration practice continues to evolve. As disputes become increasingly complex, arbitrators are encountering proceedings involving multiple contracts, multiple parties, interconnected transactions and overlapping claims.
Experience alone is not always enough.
Even experienced arbitrators benefit from periodically revisiting fundamental principles and refining the practical skills required to apply them. Jurisdiction is one of those areas where a small procedural decision at the beginning of a case can have significant consequences later.
Professional development therefore should not stop once an arbitrator has obtained a qualification or handled several cases.
The best arbitrators continue to sharpen their tools.
This session provides an opportunity to step back from the day-to-day practice of arbitration, examine common jurisdictional challenges and consider how better drafting and case management can contribute to more efficient and robust proceedings.
This is not simply a theoretical discussion of jurisdiction.
It is designed as a practical skills session for professionals who need to deal with jurisdictional questions in real arbitration proceedings.
Participants will leave with a stronger appreciation of how jurisdictional principles can be incorporated into:
The ultimate objective is to help practitioners move from simply knowing the law to being able to apply it strategically and effectively.
Session: Pleading for Jurisdiction: Drafting Strategy in Multi-Party and Multi-Contract Arbitrations
Date: 28 August 2026
Time: 2:00 PM – 4:30 PM
Format: In-person
Facilitator: Prof. Wyne Kenneth Mutuma, MBS, C.Arb
Jurisdictional competence is one of the defining skills of an effective arbitrator. In complex proceedings, the ability to identify jurisdictional issues, understand their procedural implications and address them through effective case management can make the difference between a streamlined arbitration and one burdened by avoidable disputes.
Join us on 28 August 2026 and refine your approach to jurisdictional pleading, procedural strategy and tribunal case management: https://forms.gle/r8pfo4Qd5PzosFaD8
Because in complex arbitration, knowing where the tribunal’s jurisdiction begins — and where it ends — is just as important as knowing how to conduct the arbitration itself.
CIArb Kenya Branch Chairman FCS Jaqueline Waihenya expresses her deepest gratitude to all the valued partners, fellows, and members who attended the significant event of celebrating 40 Years of Excellence
Research, Development and Innovation Assistant Murithi Antony is the Research, Development and Innovation Assistant at the Chartered Institute of Arbitrators (CIArb), Kenya Branch, where he leads the Branch’s research, knowledge
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