| Abstract [eng] |
This Master's thesis examines the doctrine of competence competence - the preconditions for its emergence, the legal-logical structure, the approach of the legislators of international commercial arbitration‘s leading jurisdictions of and their respective courts, and the corresponding implementation of competence competence in Lithuanian law. In the first part of the thesis, in order to provide a comprehensive and coherent analysis of the chosen topic, the genesis and logical structure of the competence competence doctrine and the causes of its emergence are discussed. The preconditions for the growth of commercial arbitration law and the need to increase the autonomy of the arbitral tribunal by allowing the arbitral tribunal itself to decide on its own jurisdiction, are covered. The second part of the thesis reveals the theoretical underpinnings of the competence competence doctrine on the basis of the UNCITRAL Model Law, whilst the third part discusses the implementation of the doctrine of competence in the law of selected foreign jurisdictions. The research and analysis of both the UNCITRAL Model Law as a starting point for regulation and foreign legislation, doctrine and case law gives special attention to the (in)availability and timing of ex ante judicial review of the jurisdiction of the arbitral tribunal, both before the arbitration proceedings have commenced and after the arbitration has been initiated, and on the standard of ex post judicial review. The fourth part of the thesis examines, systematises, presents and critically evaluates the approach of the Lithuanian legislator and courts to the doctrine of competence. This task is accomplished in two ways - first, by discussing the relevant provisions of the Lithuanian Law on Commercial Arbitration and systematically analysing the relevant case law and legal doctrine, as well as by comparing the results of this analysis in parallel with the examples made by leading jurisdictions. |
