Glossary entry (derived from question below)
French term or phrase:
"compétence - compétence"
English translation:
the tribunal\'s power to rule on its own jurisdiction or \"competence-competence\"
Added to glossary by
Rebecca Lowery
Sep 26, 2007 08:59
16 yrs ago
5 viewers *
French term
la règle dite "compétence - compétence"
French to English
Law/Patents
Law: Contract(s)
Arbitration
I know that compétence means jurisdiction but I haven't come across this principle before. It is to do with arbitration and the jurisdiction of the arbitration judge selon la règle dite "compétence - compétence". Am I ok to translate this as "in accordance with the rules on jurisdiction" or is there a better, more accurate translation for this particular principle?
Proposed translations
(English)
3 +1 | the tribunal's power to rule on its own jurisdiction or "competence-competence" |
Aisha Maniar
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Proposed translations
+1
33 mins
Selected
the tribunal's power to rule on its own jurisdiction or "competence-competence"
Commercial arbitration - where national or international - comes with its own wonderful set of rules.
I think that you can just use "(principle of) competence-competence (principle/rule).
Hopefully, the following references will help:
http://www.mondaq.com/article.asp?articleid=50580
Competence-competence principle
Although not referred to in terms by the Court of Appeal, the Fiona Trust case provides further support in England for the principle of competence-competence and takes us further away from the pre-1996 days, when itwas generally thought that arbitrators could do no more than express a view as to whether they had jurisdiction – the ultimate decision always being reserved for the courts.
The question of whether England should more fully embrace the principle of competence-competence was raised recently by a body set up to review the 1996 Act on its tenth anniversary. As it stands, a tribunal’s decision on jurisdiction is open to challenge under s67. Further, when considering the challenge, an English court is entitled to consider the question of jurisdiction de novo and is in no way bound by the tribunal’s findings of fact or law. Although the review committee concluded that itwas not yet time to amend this position in English law, the committee did state that further research was necessary on the question whether the current English position has a detrimental effect on London arbitration – are international parties wary of arbitrating in London due to the risk of English courts rehearing and re-deciding jurisdictional issues? This is a research task that Davies Arnold Cooper has decided to undertake and we hope to publish our findings by the end of this year.
http://www.iclg.co.uk/index.php?area=4&country_results=1&kh_...
Is an arbitrator permitted to rule on the question of his or her own jurisdiction?
French law specifically provides that if a party challenges the basis or the scope of the tribunal’s jurisdiction, the latter can – and actually must – rule on the validity or the limits of its jurisdiction (article 1466 of the NCPC). The competence-competence principle is one of the most established rules in French law.
I think that you can just use "(principle of) competence-competence (principle/rule).
Hopefully, the following references will help:
http://www.mondaq.com/article.asp?articleid=50580
Competence-competence principle
Although not referred to in terms by the Court of Appeal, the Fiona Trust case provides further support in England for the principle of competence-competence and takes us further away from the pre-1996 days, when itwas generally thought that arbitrators could do no more than express a view as to whether they had jurisdiction – the ultimate decision always being reserved for the courts.
The question of whether England should more fully embrace the principle of competence-competence was raised recently by a body set up to review the 1996 Act on its tenth anniversary. As it stands, a tribunal’s decision on jurisdiction is open to challenge under s67. Further, when considering the challenge, an English court is entitled to consider the question of jurisdiction de novo and is in no way bound by the tribunal’s findings of fact or law. Although the review committee concluded that itwas not yet time to amend this position in English law, the committee did state that further research was necessary on the question whether the current English position has a detrimental effect on London arbitration – are international parties wary of arbitrating in London due to the risk of English courts rehearing and re-deciding jurisdictional issues? This is a research task that Davies Arnold Cooper has decided to undertake and we hope to publish our findings by the end of this year.
http://www.iclg.co.uk/index.php?area=4&country_results=1&kh_...
Is an arbitrator permitted to rule on the question of his or her own jurisdiction?
French law specifically provides that if a party challenges the basis or the scope of the tribunal’s jurisdiction, the latter can – and actually must – rule on the validity or the limits of its jurisdiction (article 1466 of the NCPC). The competence-competence principle is one of the most established rules in French law.
4 KudoZ points awarded for this answer.
Comment: "Thanks for your help Aisha
Rebecca"
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