Kompetenz-Kompetenz and Arbitrability: Who Really Gets to Say “Stop”? Picture this: Two companies are locked in a bitter dispute. One rushes to court. The other waves the arbitration clause and says, “Not so fast – we go to arbitration.” The court leans back and asks the million‑dollar question: Who decides first whether this fight can even be arbitrated – the court or the arbitral tribunal? That is the drama at the heart of Kompetenz-Kompetenz and arbitrability . Below is a

Arbitrability at Different Stages of Proceedings: How Far Can Courts Go, and When Should They Stop? Arbitration lives or dies on one deceptively simple question: is this dispute even allowed to go to arbitration? That is the problem of arbitrability —and it shadows the parties from the very first suit in court to the last attempt to enforce an award. This chapter follows that journey. Arbitrability: The Thread Running Through the Life of a Dispute Arbitrability is about the

Why Arbitrability Is the Hidden Fault‑Line of Arbitration: Every modern arbitration clause carries a quiet assumption: that the dispute can, in fact, be arbitrated. Yet from Booz Allen & Hamilton v. SBI Home Finance (2011) to Vidya Drolia v. Durga Trading (2020) in India, and from the New York Convention (1958) to the UNCITRAL Model Law (1985), courts and legislatures have drawn—and redrawn—the shifting boundary of what is “arbitrable”. This blog, “The Jurisprudence of Arbi