1
Associate Prof., Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2
Ph.D. Student in Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.48311/clr.2025.117490.82784
Abstract
The principle of Kompetenz-Kompetenz empowers the arbitral tribunal to determine the validity of the arbitration agreement. However, this principle does not eliminate judicial supervision; rather, it transforms the timing and the standard of such review into a challenging issue. This article, using a descriptive-analytical method, examines two main standards of judicial review: the Prima Facie Review and the De Novo Review. The question of this study is which of these standards proves more effective at each of the four stages of judicial supervision.The findings indicate that applying the Prima Facie Review before the issuance of the arbitral award, is a better solution. Conversely, once the arbitral tribunal has ruled on its own jurisdictionthe application of the De Novo Review by courts is an acceptable solution. This approach may also provide a model for interpreting Article 461 of the Code of Civil Procedure and the Law on International Commercial Arbitration
Ghamami,M. and Ghasemi,S. (2026). Judicial Review Standards over the Validity of the Arbitration Agreement and the Arbitrator’s Jurisdiction. (e28666). Comparative Law Researches, (), e28666 doi: 10.48311/clr.2025.117490.82784
MLA
Ghamami,M. , and Ghasemi,S. . "Judicial Review Standards over the Validity of the Arbitration Agreement and the Arbitrator’s Jurisdiction" .e28666 , Comparative Law Researches, , , 2026, e28666. doi: 10.48311/clr.2025.117490.82784
HARVARD
Ghamami M., Ghasemi S. (2026). 'Judicial Review Standards over the Validity of the Arbitration Agreement and the Arbitrator’s Jurisdiction', Comparative Law Researches, (), e28666. doi: 10.48311/clr.2025.117490.82784
CHICAGO
M. Ghamami and S. Ghasemi, "Judicial Review Standards over the Validity of the Arbitration Agreement and the Arbitrator’s Jurisdiction," Comparative Law Researches, (2026): e28666, doi: 10.48311/clr.2025.117490.82784
VANCOUVER
Ghamami M., Ghasemi S. Judicial Review Standards over the Validity of the Arbitration Agreement and the Arbitrator’s Jurisdiction. Comparative Law Researches, 2026; (): e28666. doi: 10.48311/clr.2025.117490.82784
