Journal of International Arbitration

Volume 30 (2013)

Volume 30 (2013) / Issue 5

Phillip Landolt, 'The Inconvenience of Principle: Separability and Kompetenz-Kompetenz' (2013) 30 Journal of International Arbitration, Issue 5, pp. 511–530

Abstract

The principles of separability and Kompetenz-Kompetenz were developed to favour the effectiveness of arbitration as a means of dispute settlement. This article seeks to demonstrate that in the modern day the beneficial effects of these principles have been ordained in statute in most arbitration law systems, but frequently such statutes also maintain reference to their being principles. It is contended in the article that the persistence of such principles is the source of multiple inconvenience. The article recommends that reference to the two principles as principles be excised from statute, and those of these principles' effects which are beneficial to arbitration be prescribed without more.

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ISSN: 0255-8106
ID: JOIA2013033