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 […]
Arbitration: A Viable Solution for Antitrust Disputes
This article has been authored by Aayushi Singh & Pavitra Dubey, 5th Year law students at Rajiv Gandhi National University of Law, Patiala. Introduction In accordance with Section 7 of the Arbitration and Conciliation Act, 1996, arbitration is a method by which neutral third-party endeavours to find a resolution for disputes between two parties by […]