| Abstract [eng] |
Competence-Competence Doctrine Content in the Practice of Lithuanian Courts The content of the fundamental principle of international arbitration - competence competence principle is analyzed in the master's thesis. This principle is extremely important for the arbitration process, as it not only increases the efficiency of the arbitration process, but also makes the arbitration process possible. In the absence of that doctrine, if the arbitral tribunal were rendered that no valid arbitration agreement had been concluded between the parties, that would mean that the arbitral tribunal had no jurisdiction to rule on its jurisdiction at all, since the parties did not give him such jurisdiction. It was come to the conclusion, that the principle consists of two essential elements - the positive aspect and the negative aspect. In practice the negative aspect of competence competence principle causes the most problems, because the question of who must first determine the existence and validity of an arbitration agreement still remains a matter of debate. The negative aspect of the doctrine is most pronounced in situations where a party brings an action before a state court contrary to an arbitration agreement, and then arise questions to which the law does not provide answers. Examining the practice of Lithuanian courts, in the master's thesis is tried to answer the questions whether the court must refer the parties to arbitration court, whether the court can evaluate the validity and application of the arbitration agreement and at what „depth“ the court can make such evaluations. In the master's thesis is also analyzed the concept of the competence conmpetence principle, the sources in which it is enshrined, all the essential issues covered by this principle - the validity of the arbitration agreement, the limits of application of the arbitration agreement, arbitrability and interpretation of the arbitration agreement. In order to evaluate the quality of national legislation and case law, in the master's thesis is also analyzed how this doctrine and its content are understood in different common law and continental law states. |
