중재조항분리의 원칙과 중재판정부의 자기권한심사의 관계에 관한 연구

A study On the Relationship between the Doctrine of Separability and the Competence-competence

The thesis of article is that the existing distinction between 'Separability' and Competence-Competence' does not provide a principled or practical basis on which to limit both doctrines. With an overview of the doctrine of separability and competence-competence, their theoretical and practical rationales, and their sources and origins, this article also suggests an alternative approach for determining whether and how to apply the doctrines to a claim that the parties' contract and/or its arbitration clause is non-existent or otherwise void that is more consistent with the premises an purposes of the doctrines as well as with the contractual origin and juridical function of international arbitration.