Kompetenz-Kompetenz In Indian Arbitration: Between Judicial Gatekeeping And Arbitral Autonomy

Introduction to the Doctrine and its Doctrinal Roots The doctrine of Kompetenz-Kompetenz, originating from German jurisprudence, embodies a foundational principle of modern arbitration law: that an arbitral tribunal possesses the authority to determine its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. This principle, enshrined in Article […]