比较法视野下自裁管辖权原则的理论探讨

Theoretic Study on the Doctrine of Competence-Competence in the Perspective of Comparative Law

自裁管辖权原则是被世界各国仲裁立法与实践普遍接受的仲裁原则,但存在不同的理解与应用。本文通过比较研究,在厘清自裁管辖权原则基本涵义的基础上,对该原则的本质属性进行剖析,探讨了仲裁庭对仲裁管辖权具有终局决定权的合理性。

There are different understandings and applications, even though the doctrine of competence- competence has become a commonly accepted arbitration principle both in legislation and in practice in various countries. This paper with a comparative study analyses the nature of the principle and studies the justification of the arbitration tribunal＇s power of decision-making in its arbitration jurisdiction based on the notion of the doctrine of competence.