?
Принцип competence-competence как средство предотвращения параллельных разбирательств в международном арбитраже и государственном суде
Due to the specifics of arbitration proceedings, which can be initiated only if there is an arbitration clause, when parallel proceedings arise in a state court and an arbitration tribunal, the key issue to be considered is the question of validity of an arbitration clause and competence of arbitration to consider a dispute on its merits. The principle of competence-competence is a procedural mechanism on the basis of which it is possible to determine a specific jurisdictional body authorized to consider such an issue at various stages of the dispute. In this paper, the author conducted a theoretical analysis of this principle from the point of view of a negative and positive approach, the application of these approaches in the legislation of different countries, and made conclusions that can become the basis for further research in this area of law.