Arbitrability Unravelled: The Power Of Kompetenz-Kompetenz In Partnership Disputes

The principle of Kompetenz-Kompetenz assumes particular significance in matters concerning winding-up partnership disputes. As companies navigate financial distress, the clarity and authority to resolve jurisdictional issues become paramount. This article delves into the application of the doctrine of kompetenz-kompetenz in insolvency scenarios, particularly concerning winding-up disputes, exploring its implication through the lens of the recent case of Shameem Sultana v Faizunnissa Begum. However, before delving into the principle of kompetenz-kompetenz, it imperative to understand what is arbitrability and how it impacts dispute resolution.

Scope of Arbitrability

The question of arbitrability has been a subject of extensive deliberation within the legal community since the inception of the Indian Arbitration and Conciliation Act, 1996. The subject of arbitrability of a dispute stands as a pivotal criterion that has been repeatedly scrutinized and revisited by