The recognition of the “Kompetenz-Kompetenz” principle is quite widespread, even if, unlike the separability principle, it is not universally accepted and the extent of its implementation at the national level is still diverse [35] .
With regard to international conventions, the principle is recognized in art. VI (3) of the 1961 European Convention on International Commercial Arbitration (the “Geneva Convention”) and in the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Award (the “New York Convention”). Article II (3) of the New York Convention reads as follows: “The Courts of the Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed”