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Full-Text Articles in Law
Jurisdiction Of Arbitration Tribunals In France, Ozlem Susler Ms
Jurisdiction Of Arbitration Tribunals In France, Ozlem Susler Ms
OZLEM SUSLER MS
This article relates to international commercial arbitration as it examines the jurisdiction of arbitral tribunals to rule on their own jurisdiction. It reviews arbitral jurisdiction in France by considering the principle of compétence- compétence as applied by its national courts. Although this principle is recognised in the national arbitration laws of many jurisdictions, there are some important differences. For instance, there is divergence in relation to the stage at which judicial intervention occurs and the degree of intervention by courts of different countries. Divergence is also observed in the type of judicial review undertaken by the courts. This article focuses …
The English Approach To Compétence-Compétence, Ozlem Susler Ms
The English Approach To Compétence-Compétence, Ozlem Susler Ms
OZLEM SUSLER MS
This article examines the jurisdiction of arbitral tribunals to rule on their own jurisdiction. It reviews arbitral jurisdiction in the United Kingdom by considering the principle of compétence-compétence as provided for in its arbitration law. The term compétence-compétence – also referred to as compétence sur la competence or kompetenz-kompetenz – confers a right on arbitrators to decide their own jurisdictional authority to hear a dispute and is essential to the practice of international commercial arbitration.Although this principle is recognised in the national arbitration laws of many jurisdictions, there are some important differences. For instance, there is divergence in the stage …