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Negative Impact of Compétence-Compétence by lehanhnganhlu is a document available to read on EtoBox.
The paper discusses the principle of compétence-compétence, which grants arbitral tribunals the authority to determine their own jurisdiction, and highlights its negative effect that undermines the balance between national courts and arbitral tribunals. It argues that while the positive aspect of this principle is well-founded, the negative effect lacks legitimacy and can be counterproductive. The analysis includes a comparative examination of various jurisdictions, particularly focusing on the progressive
- Author
- lehanhnganhlu
- Language
- EN