arbitration
agreement based on the twin concepts of separability and
kompetenz-kompetenz, is extracted hereunder;
"4.1. The autonomy of the arbitration agreement ... based
on the twin concepts of separability and kompetenz-kompetenz.
The doctrines of separability and kompetenz-kompetenz though
inter-related
answer as per
the well accepted doctrine of "Kompetenz -
Kompetenz", and under the purlieus of Section ... regards
all or any of the disputes, under the
"kompetenz-kompetenz" doctrine, which is
expressly incorporated into
this context, we find that the doctrine of kompetenz-kompetenz also
2025:KER:31374
Arb.Appeal 48/2015
21
referred to as competence ... respondent-Board in the touchstone of the principles governing the doctrine of
kompetenz-kompetenz, we find that the Board had the opportunity
further held as
follows:
"7.11. The doctrine of "kompetenz-kompetenz", also referred to as "compétence-
competence ... preliminary objection is
raised by one of the parties. The doctrine of kompetenz-kompetenz is, however,
subject to the exception i.e. when
considered by the Arbitrator in view of the Kompetenz-kompetenz
principle that is recognised under Section 11 of the Arbitration and
Conciliation ... considered by the
Arbitrator under the doctrine of Kompetenz-kompetenz applicable in
arbitration proceedings. The distinction sought to be made by the
respondents
emergence of the doctrine of kompetenz-kompetenz,
and the exposition of the law in Vidya Drolia and
others v. Durga Trading Corporation
conducive arbitration culture in this country".
31. KOMPETENZ-KOMPETENZ PRINCIPLE:- The learned
counsel for the respondents would argue that even
also held that by the doctrine of "kompetenz-kompetenz", also
referred to as "compétence-compétence", the Arbitral Tribunal
decided by the arbitrator under Section 16 , which enshrines the kompetenz-
kompetenz principle. In the case on hand, the ICADR has not acted
Thus, the doctrine of Kompetenz - Kompetenz is
now firmly embedded in the arbitration
jurisprudence in India. This doctrine is based on the
principle
