The Doctrine Of Competence-Competence In The Evolving Landscape Of Arbitration

Introduction

Arbitration has long been recognized as the preferred dispute resolution mechanism in international commerce. Parties from different legal systems often turn to it because it promises what domestic courts frequently cannot, to wit: speed, procedural flexibility, independence from national biases, amongst others. These attributes have established arbitration as a cornerstone of global commerce, assuring parties that their disputes will be resolved with fairness, efficiency, and neutrality across borders.

However, beneath this promise lies a recurring challenge that often surfaces before the merits of any case are even considered: the question of authority. Should the arbitral tribunal itself determine whether it has jurisdiction to hear the dispute submitted to it, or should this power rest with the national courts? This threshold issue is more than a technicality; it goes to the heart of arbitration's very identity and has given rise to one of