The concepts of separability and “Kompetenz-Kompetenz” are among the most significant in the field of international arbitration. The reason for their importance is that those are the concepts on which basis the jurisdiction of the arbitrators is defined and can work on a practical level. In fact, without them, the practical possibility of the arbitral proceeding itself, would be at risk and arbitration would cease to be the favourite way of solving disputes among the international business community.
It could even be said, on the one hand, that without the principle of separability, or the autonomy of the arbitration agreement from the main contract in which it is contained, there might not be any arbitration proceedings at all. In the absence of the concept of “Kompetenz-Kompetenz”, on the other hand, the arbitrators would not be able to rule, at least in the first instance, on their own jurisdiction - every time that an issue arises in this respect - and thus it would be very easy for the party which would like to avoid the arbitration proceeding to go to the national courts.