Kompetenz-kompetenz, or competence-competence, is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence ...
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What is the meaning of Kompetenz-Kompetenz?
Kompetenz-kompetenz, or competence-competence, is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it. The concept arose in the Federal Constitutional Court of Germany.
What is negative Kompetenz-Kompetenz?
The doctrine of Kompetenz-Kompetenz grants power to arbitrators to decide upon their own jurisdiction. However, the negative effect of Kompetenz-Kompetenz allows the courts to consider a jurisdictional challenge only on a prima facie basis while allowing for a complete review only by an arbitral tribunal.
What is the principle of Kompetenz-Kompetenz in international commercial arbitration?
The "Kompetenz-Kompetenz" principle, derived from the German phrase for "competence-competence," means that an arbitral tribunal has the authority to decide on its own jurisdiction. This is an intrinsic aspect of arbitration that significantly contributes to its autonomy and efficiency.
Jul 12, 2023
What is the competence-competence theory?
A. Generalities. 4. According to the Competence-Competence doctrine, an arbitral tribunal has jurisdiction to consider and decide any disputes regarding its own jurisdiction, subject to, in certain circumstances, subsequent judicial review.
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Jul 12, 2023 · The "Kompetenz-Kompetenz" principle, derived from the German phrase for "competence-competence," means that an arbitral tribunal has the ...
The principle of kompetenz-kompetenz is well established in international arbitration, and is accepted in many national laws. For more information on the ...
Translation for 'Kompetenz' using the free German-English dictionary by LANGENSCHEIDT -– with examples, synonyms and pronunciation.
Apr 5, 2023 · (a) The requirement to stay proceedings that are the subject of arbitration only 'bites' once the Court is satisfied that there is a valid and ...
The concept arose in Federal Constitutional Court of Germany. This principle provides full autonomy to the tribunal with least interference of the courts in the ...
It rejected the ECJs claim to exclusive Kompetenz-Kompetenz and claimed that the limits to Community legislative powers was as much a matter of German ...
The Kompetenz-Kompetenz Rule in Brazilian Arbitration Law ... Introduction Unlike other pillars of arbitration like recognition-enforcement of foreign awards and ...
This positive effect" of the Kompetenz-Kompetenz implied the arbi- trators' inherent power to determine their jurisdiction on the basis of the arbitration ...