Grounds and procedure for determining the competence of state courts and arbitral tribunals to resolve international commercial disputes

Authors

  • M. V. Kudinova National Research University «Higher School of Economics»

DOI:

https://doi.org/10.17308/law/1995-5502/2024/4/102-109

Keywords:

competence, jurisdiction agreement, arbitration agreement, «kompetenz-kompetenz» principle, international commercial dispute, arbitration, state courts

Abstract

In present article the author examines issues related to the grounds and procedure for determining the competence of state courts and arbitral tribunals to resolve international commercial disputes, in particular, analyzes the essence and characteristics of jurisdiction agreements and arbitration agreements, operation of the «kompetenz-kompetenz» principle. In addition, the author determines the nature and main aspects of interaction between state courts and international commercial arbitration in the process of consideration and resolution of international commercial disputes.

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Author Biography

  • M. V. Kudinova, National Research University «Higher School of Economics»

    Post-graduate Student of the School of Law, Department of Legal Regulation of Business

References

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Published

2025-03-06

Issue

Section

Civil Law and Process