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The principle of Kompetenz-Kompetenz in International Commercial Arbitration Abstract This Thesis analyses the Kompetenz-Kompetenz principle in the system of International Commercial Arbitration. The principle itself is described, and different approaches toward the Kompetenz-Kompetenz doctrine in International Commercial Arbitration are analysed in various international documents. Based on such observation, negative and positive effects of the principle are studied, just as much as its connection to the Separability of an Arbitration Agreement. In the latter part of this Thesis, the applicability and use of the Kompetenz- Kompetenz principle in the Czech Republic are observed and analysed. Finally, this thesis aims to discuss possibilities for the best practice for the application of the Kompetenz- Kompetenz principle in International Commercial Arbitration. A possibility of de lege ferenda suggestions is offered as well. The initial research question can be determined as follows: How can the Kompetenz-Kompetenz principle be applied in International Commercial Arbitration proceedings for the greatest mutual advantage and fairness of all parties, and is such a solution even possible? For this purpose, the analytical, comparative and descriptive methods shall be applied in this Thesis. The first chapter... |
