...PRINCIPLE OF COMPÉTENCE-COMPÉTENCE AND ITS IMPLICATION ON REVIEWABILITY The authority of the arbitral tribunal to rule on its own jurisdiction, exempt from judicial interference, stems from the principle of compétence-compétence,...
...thus may survive a successful challenge to the validity of the contract. The doctrine of competence-competence provides that arbitrators have jurisdiction to decide challenges to the arbitration agreements upon which...
AAA Ad Hoc ADR Advocacy Agreement to Arbitrate Anti-Suit Injunctions Appeal to Arbitral Tribunal and Annulment Applicable Conflict-of-Laws System Applicable Law Apportioning of Costs Arbitrability Arbitral Adjudication Arbitral Awards Arbitral...
...A Practical Approach to Issues Such as Competence-Competence and Anti-Suit Injunctions, 2 Disp. Resol. Int’l., 110, 111 (2008). [81] Avitel Post Studioz Ltd. v. HSBC PI Holdings (Mauritius) Ltd. (2020)...
...of an arbitration agreement between parties from different nations. The doctrine of competence-competence mitigates this potential risk by allowing the arbitral tribunal itself to determine whether such an agreement is...
Author: Varun Tyagi* Jurisdictions: India Topics: Competence-Competence Delegation Arbitrability Anti-Arbitration Injunction Introduction Signatories to arbitration agreements often resort to Civil Courts seeking to enjoin their signatories counterparties from initiating or...
...arbitral [tribunal].”[14] This is a natural corollary of Brazil’s embrace of the competence-competence doctrine, which is codified in Article 8, sole paragraph, of the Arbitration Act.[15] If a provisional order...
...1985 Model Law, the BAA has adopted key arbitration principles such as competence-competence and the separability of the arbitration agreement. The BAA takes a broad approach to arbitrability, establishing, for...
This volume comprises the series of papers on International Arbitration that were presented at a Research Conference on International and Domestic Arbitration, sponsored by the Institute of Judicial Administration. The...
...one may understand the principle of arbitrator competence-competence, that principle would not prevent a … Download Full PDF *Jean Monnet Professor of European Union Law and Walter Gellhorn Professor of...
...to arbitration? This question requires a review of the “negative” aspect of “competencecompetence.” While “positive” competence-competence provides an arbitral tribunal with the power to decide its own jurisdiction, the negative...