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Nevertheless, because of its obvious practical advantages, this doctrine is widely accepted both by arbitration rules and in national laws.

c. But a decision that the arbitration clause is legally separate from the main contract does not answer the larger question: if a challenge to the jurisdiction of the arbitral tribunal is made, by whom is the challenge to be determined? That is where the doctrine of Competence-Competence enters...

What is doctrine of Competence-Competence?

a. It is generally accepted that an arbitral tribunal has power to investigate its own jurisdiction. This is a power inherent in the appointment of an arbitral tribunal and it is an essential power if the arbitral tribunal is to carry out its task properly...

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