agreement is based on the twin
concepts of separability and kompetenz – kompetenz. The doctrines of
separability and kompetenz – kompetenz though inter ... that the
arbitration agreement is void ab initio.
3.4 The doctrine of kompetenz – kompetenz implies that the arbitral
tribunal has the competence
contract in which it
is embedded. Under the Doctrine of Kompetenz–Kompetenz,
the Arbitral Tribunal had competence to rule on its own
jurisdiction ... copious reference to case law in
support of the Doctrine of Kompetenz-Kompetenz. Section
5 of the Act contemplated minimal judicial
interference
clause.
9. The doctrine of separability and the doctrine of kompetenz-kompetenz
encompassed in the arbitration jurisprudence, have been succinctly explained ... arbitration agreement is based on the
twin concepts of separability and kompetenz-kompetenz. The
doctrines of separability and kompetenz-kompetenz though
Essar Bulk Terminal Limited vs Arcelor Mittal Nippon Steel India ... on 3 February, 2022
Author
power by a non obstante
clause, and to reinforce the kompetenz-kompetenz principle
enshrined in Section ... decided by the arbitrator
under Section 16 , which enshrines the kompetenz-kompetenz
principle.
7.11. The doctrine of "kompetenz-kompetenz
shows that the Tribunal is governed by the
principle of kompetenz-kompetenz, which, in effect, means that the Tribunal
can rule ... Vodafone
Judgment (supra) observes as under:
"134. The principle of kompetenz-kompetenz, is
recognised in Article 21 of the UNCITRAL
Arbitration Rules
jurisdiction being the arbitration agreement and the
principle of kompetenz-kompetenz under Section 16 of the ACA, we
have allowed the present appeal ... Agrawal has submitted that: First, as per the principle of
kompetenz-kompetenz enshrined in Section 16 of the ACA, the
arbitral tribunal
Section 16 of the Act, which embodies the doctrine of kompetenz-kompetenz,
empowering the arbitral tribunal to rule on its own jurisdiction, including ... 2025 22:41:25 :::
WP2068_2025.DOC
principle of kompetenz-kompetenz, mandates that the arbitral tribunal shall be the
first authority
M/S Triom Hospitality Through Its ... vs M/S J.S. Hospitality Services Pvt. Ltd
submit that Section 16 is based on
the principle of Kompetenz-Kompetenz. As per the settled
principle, the Arbitral Tribunal has the competence ... CITATION
C/FA/1632/2019 CAV JUDGMENT DATED: 12/07/2024
undefined
Kompetenz and enable a party to raise the plea of jurisdiction
including
