https://www.taxtmi.com/manuals?id=5607 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. en-us Wed, 23 Oct 2024 15:59:00 +0530 Wed, 18 Jun 2025 16:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/manuals?id=5607 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. Manuals Indian Laws Wed, 23 Oct 2024 15:59:00 +0530 https://www.taxtmi.com/manuals?id=5607