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Kompetenz-kompetenz

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Also known as competence-competence

, or competence-competence, is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it. The concept arose in the Federal Constitutional Court of Germany. Since then, has often been important in international arbitration.

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Vinony's link graph records 12 inbound references to Kompetenz-kompetenz, and connects out to United Nations Commission on International Trade Law, International Standard Book Number and court.

It sits within the topics Arbitration law, International law and Jurisdiction.

Vinony links it to 6 Wikipedia language editions.

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Encyclopedic overview

3 sections
Contents
  • In arbitration
  • See also
  • References

, or competence-competence, is a jurisprudential doctrine whereby a legal body, such as a court or arbitral tribunal, may have competence, or jurisdiction, to rule as to the extent of its own competence on an issue before it. The concept arose in the Federal Constitutional Court of Germany. Since then, has often been important in international arbitration.

== In arbitration == The doctrine of is enshrined in the UNCITRAL Model Law on International Commercial Arbitration and Arbitration Rules. Article 16(1) of the Model Law and article 23(1) of the Arbitration Rules both dictate that "[t]he arbitral tribunal shall have the power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement." United States arbitration law does not expressly address the principle of , but courts have consistently recognized such a power where the parties have granted it to the tribunal.

Excerpted from Wikipedia’s “Kompetenz-kompetenz” article, available under the CC BY-SA 4.0 licence.

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