Jurisdiction in arbitration can be classified under two heads, the arbitrability of the dispute i.e. whether it is a matter suitable to be referred to arbitration and the jurisdiction of the arbitral tribunal […]
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The principle of kompetenz-kompetenz denotes the ability of arbitral tribunals to decide on their own jurisdiction to proceed with a case. Essentially, this means the tribunal decides whether it can hear a case or not, without the intervention of a court. This principle is important in arbitration law as it affects the functioning of tribunals, and how long a case can take before the tribunal is able to decide on the matter. Recognising this principle by law gives the advantage of […]
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