Kompetenz-Kompetenz
Kompetenz-Kompetenz (also known as Competence-Competence) is a fundamental principle in arbitration law where arbitrators have the power to decide about their own authority to handle a dispute. In simple terms, it means that if someone questions whether an arbitrator should be handling a case, the arbitrator themselves can make that decision first, before a court gets involved. This concept is important in international business disputes and is recognized in most modern arbitration systems worldwide.
Examples in Resumes
Successfully applied Kompetenz-Kompetenz principle in international commercial arbitration cases
Handled jurisdictional challenges using Competence-Competence doctrine in cross-border disputes
Advised clients on Kompetenz-Kompetenz implications in arbitration agreements
Typical job title: "Arbitration Lawyers"
Also try searching for:
Where to Find Arbitration Lawyers
Professional Organizations
Online Networks
Example Interview Questions
Senior Level Questions
Q: How would you explain the practical implications of Kompetenz-Kompetenz to a client?
Expected Answer: Should be able to explain in simple terms how this principle affects case strategy, timing, and costs, with specific examples from past experience.
Q: How does Kompetenz-Kompetenz vary across different jurisdictions?
Expected Answer: Should demonstrate knowledge of how different countries apply this principle and how it affects international arbitration cases.
Mid Level Questions
Q: What are the main challenges when applying Kompetenz-Kompetenz in practice?
Expected Answer: Should discuss practical issues like timing of jurisdictional challenges and interaction with national courts.
Q: How do you handle a situation where a party challenges the tribunal's jurisdiction?
Expected Answer: Should explain the standard process for handling jurisdictional challenges and relevant procedural steps.
Junior Level Questions
Q: What is Kompetenz-Kompetenz and why is it important?
Expected Answer: Should provide a basic definition and explain why this principle matters in arbitration practice.
Q: What are the basic elements of an arbitration agreement that support Kompetenz-Kompetenz?
Expected Answer: Should identify key clauses and language that establish the arbitrator's authority to rule on their own jurisdiction.
Experience Level Indicators
Junior (0-2 years)
- Basic understanding of arbitration principles
- Research on jurisdictional issues
- Drafting basic arbitration agreements
- Supporting senior lawyers in arbitration cases
Mid (2-5 years)
- Handling jurisdictional challenges
- Managing arbitration proceedings
- Drafting complex arbitration clauses
- Client advisory on arbitration matters
Senior (5+ years)
- Leading international arbitration cases
- Strategic application of Kompetenz-Kompetenz
- Expert witness coordination
- Complex jurisdictional dispute management
Red Flags to Watch For
- Lack of understanding of basic arbitration principles
- No experience with international dispute resolution
- Unable to explain Kompetenz-Kompetenz in simple terms
- No knowledge of major arbitration institutions and their rules
Related Terms
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