La Trobe Law School academic, Dr Ozlem Susler, recently published an article, titled ‘Closing the Gap: The Quest for Consistency in Compétence-Compétence in the U.S’ in Volume 19, Issue 1 of The Vindobona Journal of International Commercial Law and Arbitration:
This article examines the United States’ approach to compétence-compétence in light of U.S. legislation, case law and practice. It provides an overview of international arbitral jurisdiction and analyses the U.S. approach to compétence-compétence with reference to the U.K. and France. The extent and the stage at which court intervention occurs in U.S. courts is also examined. It is argued that the U.S. approach to compétence-compétence requires an overhaul of legislation and greater consistency by the judiciary.