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28 U. Ghana L.J. 84 (2015)
The Battle between Consent and the Principle of Competence-Competence in Investment Arbitration

handle is hein.journals/unghan28 and id is 88 raw text is: THE BATTLE BETWEEN CONSENT AND THE PRINCIPLE OF COMPETENCE-COMPETENCE IN INVESTMENT ARBITRATION Rose Rameau * Introduction It is well established that in order for an arbitral tribunal to have jurisdiction, the parties must have had a contractual obligation in which they consent to submit themselves to the jurisdiction of the tribunal.1 The parties' consent to arbitrate may be articulated in a contract that contains an arbitration agreement also known as 'clause compromissoire' (compromissory clause) or it may be in a separate agreement entered into after the dispute between the parties has arisen (submission agreement or compromise).2 Such contractual obligation has prompted leading scholars to agree that the arbitration agreement is the nucleus of the arbitration process because it grants the power to the arbitrators to resolve the dispute and it burdens the parties to respect the agreement by not seeking other means of dispute resolution that is not provided in the agreement.3 Thus, consent to arbitrate derives from the arbitration agreement. This is true in domestic arbitration, commercial arbitration, and also in investment arbitration. Yet, as will be discussed below, investment arbitration presents some particularities in this respect.4 • M.A (Int. Rel.), (Syracuse); LL.M (Panthon Assas, Paris II); J. D. (Syracuse); Fulbright Fellow, University of Ghana School of Law (2014 - 2016). ' Daniel Girsberger and Nathalie Voser, International Arbitration in Switzerland 3-4 (Schulthess, 2d ed. 2012). 2id. Idatl Andrea Marco Steingruber, The Mutable and Evolving Concept of 'Consent in International Arbitration- Comparing Rules, laws, treaties and types of arbitration for a better understanding of the concept of'Consent'; Oxford University Comparative Law Forum, (2012) at 1.0

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