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Showing posts with the label Kompetenz-Kompetenz principleCompetence Competence arbitrationArbitrationSBP v. Patel Engineering caseVidya Drolia case arbitrationNational Insurance v. Boghara PolyfabArbitrator Bare act India

The Principle of Kompetenz-Kompetenz: Arbitrators Judging Their Own Power

  Principle of Kompetenz-Kompetenz also known as" competence competence principal  What is Kompetenz-Kompetenz? Imagine two parties are in a dispute. One says, “Let’s go to arbitration,” and the other replies, “But this isn’t even a valid arbitration agreement!” Here comes the question: Who decides if the arbitrator has the authority to hear the matter? Is it the court , or the arbitrator themselves ? The answer lies in the Kompetenz-Kompetenz principle . It simply means: The arbitral tribunal has the power to decide whether it has jurisdiction (or competence) to hear a dispute. This principle is a cornerstone of modern arbitration , ensuring speed, autonomy, and minimal court interference . Legal Basis in India In India, this principle is codified in Section 16 of the Arbitration and Conciliation Act, 1996 . It states: "The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration ...