Who Decides the Arbitrators' Jurisdiction? Separability and Competence--Competence in Transnational Perspective

Authors

John J. Barcelo, III

First Page

1115

Abstract

Separability and competence-competence are two of the best known concepts in international commercial arbitration. They are different, but often linked, because they share a common goal: to prevent early judicial intervention from obstructing the arbitration process. Both concepts address the question, "Who decides arbitrability--courts or arbitrators?" but in different ways. I will discuss those differences later in this comment.

In his excellent paper delivered at this Symposium, "Everything You Really Need to Know About 'Separability' in Seventeen Simple Propositions, Professor Rau focuses principally on separability. His purpose is to defend separability in U.S. arbitration law from the surprisingly common and even recent attacks leveled at it by U.S. scholars and commentators. His defense is penetrating and convincing.

Recommended Citation

John J. Barcelo, III, Who Decides the Arbitrators' Jurisdiction? Separability and Competence--Competence in Transnational Perspective, 36 Vanderbilt Law Review 1115 (2021)
Available at: https://scholarship.law.vanderbilt.edu/vjtl/vol36/iss4/2