Competence-Competence doctrine: tribunals decide their jurisdiction first, with courts deferring and reviewing thereafter. The Doctrine of Competence-Competence recognises that an arbitral tribunal may determine its own jurisdiction, including the validity of the arbitration agreement, thereby applying the separability presumption to preserve tribunal jurisdiction despite defects in the underlying contract. The doctrine's positive aspect allows tribunals to rule first on jurisdictional challenges to honour parties' choice and prevent parallel court proceedings; the negative aspect directs courts to defer at the referral stage and refrain from deciding such challenges until arbitrators have had an opportunity to rule, subject to subsequent judicial review.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Competence-Competence doctrine: tribunals decide their jurisdiction first, with courts deferring and reviewing thereafter.
The Doctrine of Competence-Competence recognises that an arbitral tribunal may determine its own jurisdiction, including the validity of the arbitration agreement, thereby applying the separability presumption to preserve tribunal jurisdiction despite defects in the underlying contract. The doctrine's positive aspect allows tribunals to rule first on jurisdictional challenges to honour parties' choice and prevent parallel court proceedings; the negative aspect directs courts to defer at the referral stage and refrain from deciding such challenges until arbitrators have had an opportunity to rule, subject to subsequent judicial review.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
AI OCR ✕
of 
TaxTMI 
TaxTMI 
