ABSTRACT
This article examines the United Kingdom legislation, case law, and practice in compétence-compétence. It provides an overview of arbitral jurisdiction and proceeds to review the English approach to arbitral jurisdiction. The extent and the stage at which court intervention occurs in this jurisdiction is examined by focusing on the strengths and weaknesses of the United Kingdom approach. The article begins with an analysis of the positive and negative effect of compétence-compétence. This is followed by a historical perspective, which considers the subtleties of compétence-compétence in the English context. Key features of the Arbitration Act (the Act) are discussed. Recent case law is highlighted to draw attention to some new developments. The focus of the discussion is on the degree of judicial intervention in arbitral proceedings. It is argued that the practice adopted by the United Kingdom leaves the door slightly open for parties to challenge jurisdiction of arbitral tribunals.
Susler, Ozlem, The English Approach to Competence-Competence (2013). Pepperdine Dispute Resolution Law Journal, volume 13, no 3, 2013.
First posted 2021-05-15 09:20:03
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