Competence-Competence Principle in International Commercial Arbitration

Abstract

The research represents the comprehensive study of the competence-competence principle in international commercial arbitration. The following are the primary and key objectives of the present research: 1-reviewing the peculiarities of the Competence-Competence principle; 2- Identify and explaining the gaps between international and local approaches; and show the potential of keeping the balance between the court and the arbitral tribunal. During the research, the concept is analyzed deeply. Fundamental problems regarding the theoretical and practical legislative standpoint are analyzed. The approaches used by France, Sweden, Georgia, and Lithuania are discussed. Specific interviews have been undertaken with Georgian and French field professionals. The research provides the analysis and the results of the particular survey conducted for the current study. The research contains the specific recommendations based on both, theoretical and practical information addressed in the present study. The major leitmotiv of the viewpoint is that uniform practices do not exist, and the applicability of the competence- competence principle is substantially dependent on the county-by-county approach. The existence of the uniform practices, both reflecting in binding and soft in nature, is the major solution, coupled with cooperation-communication between the actors and players in the international commercial arbitration vicinity.