Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- 23 The Arbitration Agreement: Legal Nature, the Contractual and the Jurisdictional Aspect
- 24 The Various Forms of ‘Consent’ in International Arbitration
- 25 Protecting and Challenging the Arbitrator’s Jurisdiction
- 26 The Competence-Competence Principle’s Positive Effect
- 27 The Competence-Competence Principle’s Negative Effect
- 28 The ‘Separability’ of the Agreement to Arbitrate
- 29 Admissibility versus Jurisdiction
- 30 Settlement Efforts and Contract Adaptation by Arbitral Tribunals
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
26 - The Competence-Competence Principle’s Positive Effect
from Part V - Jurisdiction of the Arbitrator
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- 23 The Arbitration Agreement: Legal Nature, the Contractual and the Jurisdictional Aspect
- 24 The Various Forms of ‘Consent’ in International Arbitration
- 25 Protecting and Challenging the Arbitrator’s Jurisdiction
- 26 The Competence-Competence Principle’s Positive Effect
- 27 The Competence-Competence Principle’s Negative Effect
- 28 The ‘Separability’ of the Agreement to Arbitrate
- 29 Admissibility versus Jurisdiction
- 30 Settlement Efforts and Contract Adaptation by Arbitral Tribunals
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
The (positive) competence-competence principle is one of the most fundamental principles of international arbitration. It provides the arbitral tribunal with the competence to decide on its own competence. These positive effects relating to the jurisdiction and the competence of the arbitral tribunal are nearly universally recognized, contrary to the consequences following from it for the jurisdiction of the state courts. Despite the positive effect’s broad recognition, its justification raises difficult questions which touch the very basics of arbitration. The entry discusses the historic and conceptual background of the principle as well as some of the controversial questions as to its scope and the form, timing and requirements of an arbitral tribunal’s jurisdictional decision, setting out the approaches adopted in the various jurisdictions.
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- Publisher: Cambridge University PressPrint publication year: 2023