...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,...
Search Results for : "Competence-Competence"
...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...
Separability and Competence – Competence In International Arbitration: Ex Nihilo Nihil ...
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...
Search by Topic
...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)...
Anti-Arbitration Injunctions: The Endless Tussle for Jurisdiction
...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...
Bitter Tiers: BG Group and the Future of Multi-Tiered International Arbitration ...
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...
The Muddy Waters of Anti-Arbitration Injunctions in India
...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...
Provisional Measures in Aid of Arbitration in Brazil
...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...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
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...
Volume 13: Issue 1-4 (December 2003)
...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...
Arbitrability Trouble – Vol. 23 No. 3-4
...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...
Court Litigation Over Arbitration Agreements: Is It Time for a ...
...be a robust and arbitration-friendly legal framework, providing parties with a reliable mechanism for resolving disputes efficiently and effectively. By embracing the principles of arbitrability, severability, and competence-competence while providing...