Doctrine “Kompetenz-kompetenz” and Its Application in the Legislation and Practice of the International Commercial Arbitration

Student: Petrova Alla

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2019

Current graduate paper is dedicated to the problems of application of kompetenz-kompetenz doctrine in the legislation and practice of international commercial arbitration. The place and interpretation of the kompetenz-kompetenz doctrine in international commercial arbitration is a crucial question due to the difference in understanding of certain terms either in legal regulation or in scientific studies. The aim of the current study is to examine national and international legal regulation about kompetenz-kompetenz doctrine and some arbitral decisions and formulate the attitude to the kompetenz-kompetenz doctrine in different legislations and what exactly obstacles affect and form this attitude. The study focuses on a number of jurisdictions: Germany, France, the United Kingdom and the USA as well as on international studies and practice of international commercial arbitration and some state courts.

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