Jan 01, 2005
“La reconnaissance, en droit suisse, de la seconde moitié du principe d’effet négatif de la compétence-compétence ”, in Global Reflections on International Law, Commerce and Dispute Resolution, Liber Amicorum in Honour of Robert Briner, ICC Publishing, 2005, p. 311.
In law, as in other disciplines, there are those who try to prove scientifically that the glass is half empty, while others try just as hard to prove it is half full. An analogous controversy has developed on the question whether Swiss arbitration law has accepted both the positive effect and the negative effect of the competence-competence principle. The evidence is clear; the glass is only half full. The purpose of this article is not to further the debate over a dialectic principle and the exceptions to it under Swiss law. Its sole purpose, in the pragmatic and remarkably efficient tradition of Robert Briner, to whom this article is dedicated, is to contribute to the clarification and evolution of the competence-competence principle.