...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,...
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...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 ...
...Everything You Really Need to Know About “Separability” in Seventeen Simple Propositions (Vol. 14(1-2) January 2004) Robert H. Smit, Separability and Competence – Competence In International Arbitration: Ex Nihilo Nihil...
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...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
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
...articles dealing with LACs are characterized both by an absence of direct sources of knowledge as well as skepticism regarding the potential independence, competence and fairness of LACs. This article...
Striving for Independence, Competence, and Fairness: A Case Study of ...
...arbitral award. In international cases falling under the principal conventions, the “district courts of the United States” have competence to compel arbitration and to confirm awards. None of these provisions...
Bankruptcy Courts and Arbitration: A Question of Competence – Vol. ...
...Rules, Art. 14.4 (2014). [35] ICC Arbitration Rules, Art. 22(1) (2017). *Parth Tyagi is a Fourth Year student of the B.A. LL.B (Hons.) course at National Law Institute University, Bhopal....
Crystalizing Jurisprudence: Assessing An Arbitral Tribunal’s Competence To Exclude A ...
...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 ...
...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 ...
...challenge to their jurisdiction in many cases brought before them. Although it is generally recognized that the arbitrator may decide upon his own competence, it is also widely accepted that...