Articles 9.1 and 10 grant the LCAM Board the power to determine that LCAM manifestly lacks jurisdiction over the dispute and subsequently to dismiss a case, in whole or in part. Article 19.3 of the LCAM Rules confirms that an arbitral tribunal (also) has the power to rule on its own jurisdiction.

As such, it is open to a party to approach the LCAM Board to have the case dismissed on jurisdictional grounds, without having to incur the time and cost of appointing an Arbitral Tribunal. The LCAM Board will only exercise its power to rule on the alleged ‘manifest lack of jurisdiction’ prior to the referral of the case to the Arbitral Tribunal pursuant to Article 18. Thereafter, it is expected that all decisions on lack of jurisdiction ought to be heard by the Arbitral Tribunal.

Although it may appear to be more efficient to seek to ask the LCAM Board to rule on and subsequently dismiss a claim for lack of jurisdiction at the very outset, the grounds for such a