What is the Doctrine of Kompetenz - Kompetenz?

The Kompetenz‑Kompetenz doctrine, also referred to as the doctrine of competence-competence, is a cornerstone of arbitration law.

It empowers an arbitral tribunal to determine its own jurisdiction, including the existence and scope of the arbitration agreement, without judicial interference. In India, this principle is enshrined in Section 16 of the Arbitration and Conciliation Act, 1996.

This principle is designed to ensure the efficiency and autonomy of arbitration proceedings by minimising unnecessary judicial interference at early stages.

A recent Delhi High Court ruling reaffirmed this approach, holding that only the arbitrator can assess the scope of an arbitration clause, barring courts from delving into its ambit when a prima facie agreement exists.