Journal Article

Court’s role in deciding the arbitrator’s jurisdiction: is Kompetenz-Kompetenz exclusive?

Mohammad A. Almomani and Ibrahim M. Obeidat

in Uniform Law Review

Volume 20, issue 2-3, pages 201-210
Published in print August 2015 | ISSN: 1124-3694
Published online September 2015 | e-ISSN: 2050-9065 | DOI: https://dx.doi.org/10.1093/ulr/unv020
Court’s role in deciding the arbitrator’s jurisdiction: is Kompetenz-Kompetenz exclusive?

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The arbitrator has the competence to rule on his competence. This is called the Kompetenz-Kompetenz principle, and it is recognized worldwide. As to giving the court competence to decide whether the arbitrator has competence or not, there exist three different trends worldwide: the first does not recognize any sort of role as such but gives the arbitrator an exclusive competence. The second gives the court a non-restricted authority to rule on the arbitrator’s competence. The third trend regulates the relationship between the court and the arbitrator in a manner whereby the court practices competence on the arbitrator’s competence only at one stage, so that in the subsequent stage competence is conferred on the arbitrator exclusively. However, differences appear among the proponents of this trend in regard to drawing the line between the two stages. The existence of these three trends represents an obstacle against unifying arbitration law. Therefore, there is a need to adopt a unified understanding of the Kompetenz-Kompetenz principle.

Journal Article.  4248 words. 

Subjects: Private International Law and Conflict of Laws

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