4. Consent, capacity and authority
At the heart of the arbitral process is the consent of the parties, as an arbitrator has no authority to decide disputes between parties who have not agreed to the process.
Capacity refers to the legal ability of a natural or legal person to enter into such a contract under the relevant substantive law. For individuals, capacity is generally determined by the law of their domicile or residence, while for corporations, it is governed by their constitution and the law of their place of incorporation. An award may be set aside if a party can prove he lacked the legal capacity to conclude the arbitration agreement at the time it was made.
Similarly, issues regarding whether a representative was properly authorized to sign on behalf of a company are treated as jurisdictional questions to be determined by the tribunal.
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