COMPETENCE-COMPETENCE IN COMMERCIAL ARBITRATION: ARBITRAL AUTONOMY AND JUDICIAL INTERVENTION IN CHINESE AND INTERNATIONAL PRACTICE

COMPETENCE-COMPETENCE IN COMMERCIAL ARBITRATION: ARBITRAL AUTONOMY AND JUDICIAL INTERVENTION IN CHINESE AND INTERNATIONAL PRACTICE Daila Alexis Yezoulayom, International Law LL.M Student at Central University of Finance and Economics, Beijing China Download Manuscript doi.org/10.70183/lijdlr.2025.v03.224 The paper argues that the competence-competence principle has become a structural cornerstone of commercial arbitration, yet its operation remains uneven across legal The paper argues that the competence-competence principle has become a structural cornerstone of commercial arbitration, yet its operation remains uneven across legal systems and between its positive and negative effects. It first traces the historical and doctrinal genealogy of competence-competence and its close relationship with separability, showing how continental European theory, the UNCITRAL Model Law, case law in the US and UK, and leading scholarship together construct a conceptual framework that empowers arbitral tribunals to rule on their own jurisdiction while postponing full judicial control.