One of the important issues in arbitration is to resolve the conflict between the competence of the court and the arbitration authority. Denial of the competence of the court arises from the principle of competence-competence. This rule means that because of the competence of the arbitral tribunal, the court does not have competence until the end of the arbitration proceedings due to the suspension effect. The competence of judicial authorities is a general ond, while the competence of arbitral tribunals is specific. Therefore, the competence of arbitral tribunals is exceptional, and while narrowly interpreting their competence in cases of doubt concerning the competence of arbitral tribunals, based on the principle of general jurisdiction of judicial authorities, the competence of arbitral tribunals has an exceptional nature. The agreement of the parties to the dispute to refer to arbitration does not negate the absolute jurisdiction of the court, and the court performs its assisting duties by the law during the arbitration process. The Negative Effect of competence-competence means that the arbitrators must be the first judges of their own jurisdiction. Therefore, the supervision of the courts is postponed until the stage of annulment or execution of the arbitration award according to the arbitration agreement.
Shamsi, J., & Mafi, H. (2023). Negative Effect of the Principle of Competence-Competence in Arbitration and Denial of Competence of the Court. International Law Review, 40(Issue 70), -. doi: 10.22066/cilamag.2023.702410
MLA
Javad Shamsi; Homayoun Mafi. "Negative Effect of the Principle of Competence-Competence in Arbitration and Denial of Competence of the Court". International Law Review, 40, Issue 70, 2023, -. doi: 10.22066/cilamag.2023.702410
HARVARD
Shamsi, J., Mafi, H. (2023). 'Negative Effect of the Principle of Competence-Competence in Arbitration and Denial of Competence of the Court', International Law Review, 40(Issue 70), pp. -. doi: 10.22066/cilamag.2023.702410
VANCOUVER
Shamsi, J., Mafi, H. Negative Effect of the Principle of Competence-Competence in Arbitration and Denial of Competence of the Court. International Law Review, 2023; 40(Issue 70): -. doi: 10.22066/cilamag.2023.702410
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