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The Power of an Arbitral Tribunal to Determine Its Own Jurisdiction in International Commercial Arbitration
2021
Beijing Law Review
This article discusses the powers of an arbitral tribunal to determine its own jurisdiction. The determination of the question of the jurisdiction of a tribunal lies in its own domain at least in the first instance by virtue of the principle of competence-competence. The principle enables a tribunal to test its own jurisdiction and confirm the extent of its power. This is one of the pillars of arbitration as it promotes party autonomy. The positive aspect of this power of the tribunal is that
doi:10.4236/blr.2021.122021
fatcat:daotcjl2pvftdd7sbdeg5hyney