Competence – competence
Generally accepted principle according to which the arbitrators have jurisdiction to decide on their own jurisdiction when a party to the arbitral proceedings challenges it, without having to suspend the proceedings until a State court determines whether the dispute it to be arbitrated. In its “negative” sense, acknowledged by some national laws only, especially in France, competence-competence further means that the jurisdiction of the arbitrators to decide on their own jurisdiction is exclusive of the jurisdiction of the State court, which, when faced with an arbitral agreement, does not have any jurisdiction either to decide the dispute or to decide on the validity of the agreement unless it is prima facie null and void and cannot be applied. This does not mean that the State court is prevented from ever assessing the validity or the subject matter of the arbitration agreement; but this assessment is postponed until the review of the award in connection with either its enforcement or an action to set it aside.
Glossary
- UNCITRAL
- Terms of Reference
- Swiss Chambers’ Court of Arbitration and Mediation (Swiss Chambers)
- Supporting judge
- Substantive law
- Sole arbitrator
- Singapore International Arbitration Centre (SIAC)
- Seat of arbitration
- Request for arbitration
- Provisional and conservatory measures
- Procedural law
- “Pathological clause”
- New York Convention
- Multiparty Arbitration
- London Court of International Arbitration – LCIA
- Lex Mercatoria
- Language of the arbitration
- Investment Arbitration or Investment Treaty Arbitration
- International public policy
- International Chamber of Commerce (ICC) International Court of Arbitration
- International Chamber of Commerce – ICC
- International Centre for Settlement of Investment Disputes (ICSID)
- International Arbitration
- Institutional Arbitration
- Independence and impartiality
- IBA Rules on the Taking of Evidence in International Arbitration
- Honk Kong International Arbitration Centre – HKIAC
- Exequatur
- Enforcement
- China International Economic and Trade Arbitration Commission – CIETAC
- Award by consent
- Award
- Arbitrator
- Arbitration rules
- Arbitration law
- Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
- Arbitration agreement
- Arbitration
- Arbitral tribunal
- Arbitral institution
- Arbitral case law or Arbitral precedent
- Appointing authority
- Amiable composition
- American Arbitration Association - AAA
- Ad hoc arbitration
- Action to set aside