Shearman And Sterling

balance scale

Jan 01, 1999

L’effet négatif de la compétence-compétence


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“L’effet négatif de la compétence-compétence”, in Etudes de procédure et d’arbitrage en l’honneur de Jean-François Poudret, 1999, p. 387.

The principle of competence-competence, which empowers arbitrators to determine their own jurisdiction, would appear today to have gained universal acceptance, though in reality it still causes profound divergences in comparative law. This universal acceptance can be explained by the fact that little emphasis has been laid on the duality of this principle which, much like the arbitration clause itself, has both a positive effect and a negative effect. Although the negative effect has not been as widely accepted as its positive counterpart, this article discusses its increased acceptance as of late, as well its justifications.

(In French)

IA_Effet negatif de la competencecompetence_0403__

Authors and Contributors

Emmanuel Gaillard


International Arbitration

+33 1 53 89 70 00

+33 1 53 89 70 00