Kompetenz-Kompetenz definition

Kompetenz-Kompetenz means that the arbitral tribunal may independently rule on the question of whether it has jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement, without having to resort to a court. Detailed provisions in paragraph (2) require that any objections relating to the arbitrators’ jurisdiction be made at the earliest possible time. Separability means that an arbitration clause shall be treated as an agreement independent of the other terms of the contract. As a consequence, a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
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Examples of Kompetenz-Kompetenz in a sentence

  • Consequently, the court held that the provisions of the Arbitration Act shall prevail since it is the lex specialis legislation dealing with the subject matter at hand with respect to the contracting parties’ freedom to enter into dispute resolution through mutually agreed-upon arbitration agreements.243 Doctrine of Competence-Competence: The ruling expands the Kompetenz-Kompetenz principle, granting arbitral tribunals the authority to rule on matters arising from improperly stamped arbitration agreements.

  • This article will assess the importance of the concepts "Kompetenz-Kompetenz" and "Separability" in arbitration.

  • Second, the Kompetenz-Kompetenz principle — by which the arbitrator is free to set his own procedure within the scope of his jurisdiction — should mean that a court will not exercise its supervisory powers until the arbitrator has decided on the matter himself.