Jurisdiction of the Arbitral Tribunal to Decide on Its Own Jurisdiction

Competence de compétence (German: Gerichtsverfassungsrecht; French: Kompetenz-Kompetenz; Spanish: Competencia para determinar la competencia) is a core concept of arbitration procedural law. It is a specific principle aimed at preventing the arbitral process from being undermined at the outset by state courts, as well as eliminating the possibility of a positive conflict of jurisdictions (between arbitrate and state courts).

Simultaneously, by acknowledging the arbitral tribunal’s power to rule independently on its own jurisdiction and on any jurisdictional objections raised by the parties, arbitration is affirmed as a separate and autonomous alternative means of resolving disputes. Owing to its efficiency and speed, it increasingly displaces the traditional idea of state court litigation.

For this reason, it can rightly be concluded that the competence de compétence is the cornerstone (pierre angulaire) of arbitration, and thus a challenge for every researcher. This is because, through this doctrine, the autonomy of arbitration vis-vis state adjudication is protected, and the effectiveness of arbitral justice is ensured.