• Homayoun Mafi Associate Professor, Department of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
  • Mohammad Reza Khademi Ph.D. student of Private Law, University of Mazandaran, Babolsar, Iran.



Competence –competence, International commercial arbitration, Jurisdiction, Arbitrator


The arbitration clause implies the agreement of the parties' will to concede (assign) the existing or future dispute into arbitration, thus, in accordance with the law, the inevitable basis is to establish the referee's authority and jurisdiction and the influence of his/her verdict. Therefore, the formation of a court of arbitration and the issuance of a ruling requires that the existence and the validity of the contract of referral the matter to arbitration is acceptable to the parties. Although the parties may find a dispute (difference) in the existence and validity of the arbitration agreement, it is also likely that one of the parties denies or invalidates the existence of the arbitration agreement. In such a hypothesis, the formation of an arbitration authority and its review will entail consideration of the dispute before it. For this reason, one of the important issues that may arise in arbitration is the determination of the competent authority dealing with a dispute that may arise between the parties as to the existence or validity of the arbitration convention or jurisdiction. The issue of competency assessment (Competence - Competence), which improves the efficiency of the arbitral institution, can be seen in the most legal systems. Whether the arbitral tribunal has the merit of deciding whether to qualify under the terms of the arbitral agreement is a question that has long been addressed in the arbitration law as the competence to determine jurisdiction


Não há dados estatísticos.


Ahmad Matin Daftari (2009) Civic and Commercial Law, Tehran, Majd Publication, Third Edition

Abdullah Shams (2006) - The full text of the Civil Procedure Code-Drak- Tenth Edition

Morteza Yusfzadeh (2013) - Rules of Arbitration - Publication and Printing Co. Second Edition

Homayoun Mafi (2016) Explanation of the International Commercial Arbitration Law of Iran - University of Justice and Administrative Affairs - First Edition

Abbas Karimi and Hamid Reza Parto (2013) - Internal arbitration rights -Publication of Justice (Dadgostar)-Second Edition

Julian D. M. Liu-Lucas Mystelis-Stefan M. Carroll (2012) International Comparative Business Tribunal -Mofid University - First Edition

Hamed Masoumi, Zeynab Brayat (2015) Referee Injury in International Commercial Arbitration, Behnamy Publications, Tehran, First Edition

Javad Seyyedi (2013) - The Impact of Referral Ability in International Commercial Jurisdictions - Jungle Publication - First Edition

Laia Junidy (2013) - International Commercial Law Enforcement-Publication of the City of Knowledge-Third Edition #

Mohammad Moein (2009) Moein dictionary, Amir Kabir Publication House, Tehran, Twenty Sixth Edition #

Mohammad Jafar Jafari Langroudi-Expanded Terminology- Ganj Danesh Publication-Fourth Edition

Mohammad Hussein Bordbar, Competence in International Arbitration Courts (2005) - - Ghoghnoo (Phoenix) Publications - First Edition #j.gillis wetter-the international arbitration process-public and private-oceana publications-inc-dobbs ferry-new York-1979

Cristopher Koch(2003). Standards and procedures for disgualifyingarbitrstors–journal of international arbitration-#

Berg –bertjan, the New York aribitration convention of, Kluwer law and taxation publisers-1981

Ta Lee, Jack Tsen, Separability, Competence-Competence and the Arbitrator’s Jurisdiction in Singapore, Singapore Academy of Law Journal, 1995

Ibrahim FI Shihata, The Power of the International Court to Determine Its Own Jurisdiction, Springer (eBook)-(1965)

Redfern A et al, Redfern and Hunter on international arbitration, 5th edn. Oxford University Press.

Barceló, who decides the arbitrator’s jurisdiction – separability and competencecompetence in transnational perspective. Vanderbilt Transnational Law Journal, 36-(2003)




Como Citar

MAFI, H.; KHADEMI, M. R. THE EXAMINATION OF COMPETENCE: COMPETENCE IN INTERNATIONAL COMMERCIAL ARBITRATION. Gênero & Direito, [S. l.], v. 8, n. 3, 2019. DOI: 10.22478/ufpb.2179-7137.2019v8n3.47628. Disponível em: Acesso em: 19 jan. 2022.



Seção Livre