Kompetenz-Kompetenz: An Irish and UK Evaluation of Judicial Perspective

The purpose of this article is to highlight that arbitrators in certain instances retain determination of their own jurisdiction.1 I contend that, while arbitrators retain competence on jurisdictional matters, this competence is not exclusive to the arbitration tribunal. To the extent that a court is always precluded from reviewing an agreement purporting to contain an arbitration clause, I examine when a court will preclude a party from ‘having their day in Court’ on the grounds that the parties concluded a valid arbitration agreement. Examination will be provided from both an Irish and English perspective.