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TMI BlogDoctrine of Competence-Competence(Kompetenz-Kompetenz)X X X X Extracts X X X X X X X X Extracts X X X X ..... n their own jurisdiction, with no subsequent judicial review of the decision by any court., Fouchard, Gaillard, Goldman on International Commercial Arbitration (edited by Emmanuel Gaillard and John Savage, 1999) 396 However, many jurisdictions allow an arbitral tribunal to render a decision on its jurisdiction, subject to substantive judicial review., Gary Born (n 62) 1143 It is a well-recognized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e parties under the underlying contract even after such a contract is put to an end. The doctrine of competence-competence allows the tribunal to decide on all substantive issues arising out of the underlying contract, including the existence and validity of the arbitration agreement. [IN RE. : INTERPLAY BETWEEN ARBITRATION AGREEMENTS- 2023 (12) TMI 897 - SUPREME COURT (LB) ] Negative competence-c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arbitral tribunal in issues pertaining to the existence and validity of an arbitration agreement. Thus, the negative aspect of the doctrine of competence-competence suggests that the courts should refrain from entertaining challenge to the jurisdiction of the arbitral tribunal before the arbitrators themselves have had an opportunity to do so., George A Bermann, The Gateway Problem in Internation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... competence prohibits courts from hearing disputes which the parties have mutually intended to submit to the jurisdiction of arbitral tribunal. As held in the preceding sections, the issue of stamping is a jurisdictional issue. The principle of negative competencecompetence requires the courts to leave the issue of stamping to be decided by the arbitral tribunal in the first instance. - Manuals - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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