Comment by Natasha Wyss
Kompetenz-kompetenz refers to an arbitral tribunal's power to determine whether it has jurisdiction to decide a controversy. Although the arbitrator's power to rule on her own jurisdiction is generally recognized throughout the world, only recently did the United States Supreme Court recognize this power in First Options of Chicago v. Kaplan. The Comment will address the issue of kompetenz-kompetenz under the United States Arbitration Act (FAA) and the implications of the First Options decision. After reviewing how other nations have addressed the issue, the Comment concludes with recommendations for the future of kompetenz-kompetenz in the United States.
About the Author
Natasha Wyss.
Citation
72 Tul. L. Rev. 351 (1997)