Question

The principle of "Kompetenz-Kompetenz" allows a tribunal to:

• A. Overrule the Supreme Court of a country.
• B. Force parties to settle without a hearing.
• C. Decide on its own jurisdiction.
• D. Hire its own legal counsel at the parties' expense.

Hint:

The principle is now standard in most modern arbitration laws, ensuring that the arbitral tribunal is the first forum to examine any jurisdictional objections.

Answer 1

The Correct Option is C

Step 1: Read the question.
What does the principle of Kompetenz-Kompetenz allow a tribunal to do?

Step 2: Translate the phrase.
Kompetenz-Kompetenz means competence to decide its own competence.

Step 3: Explain the idea.
It lets an arbitral tribunal rule on its own jurisdiction, that is, decide whether it has the authority to hear the dispute.

Step 4: See why it is needed.
Without it, every jurisdiction challenge would stop the case and send it to a court, causing delay and misuse. This principle keeps arbitration efficient.

Step 5: Eliminate the others.
It does not let a tribunal overrule a Supreme Court, force a settlement without a hearing, or hire counsel at the parties' cost.

Step 6: Conclude.
The principle lets the tribunal decide on its own jurisdiction.

Answer: Decide on its own jurisdiction.