Voronov K. The principle of «competence-competence» in international commercial arbitration

Object of the research: public relations arising in the process of implementing the principle of «competence-competence» by the arbitral tribunal and the state court at different stages of the arbitration proceedings. Objective: to identify a set of theoretical and practical problems of the doctrine of international commercial arbitration related to the definition of features and patterns of application of the principle of «competence-competence», and the development and justification of ways to overcome them. Methods: dialectical, comparative legal, historical, system-structural, etc. Scientific novelty: the structure, content and place of the principle «competence-competence» as one of the basic elements of the effective functioning of international commercial arbitration is defined to guarantee the credibility of arbitration proceedings. Improved are classification and systematization of the principles of international commercial arbitration, depending on their action in the legal system, the form of consolidation, the subject of regulation and significance. The provisions regarding the interaction of a full analysis of the arbitration agreement and prima facie analysis of the ability of arbitrators to establish their own competence at different stages of the arbitration proceedings and the need to unify the procedure of parallel processes in international commercial arbitration and the state court were further developed to reduce the chances of procedural abuse of process participants by delaying it. Practical value: the possibility of using the results of the study as a basis for further general theoretical studies establishing the competence of the arbitral tribunal. Scope of application: while teaching the courses «Civil Procedure», «International Commercial Arbitration», «International Private Law» etc.