In accordance with the doctrine of Competence-competence, the arbitral tribunal to which a dispute is submitted, subject to an arbitration agreement, has the power to decide on its own jurisdiction, so prior to issuing a substantive award, it must study the existence and validity of the arbitration agreement. Under this perspective, thesubmission of the arbitration agreement required by article 1461 of the Commercial Code as an ineluctable requirement to obtain the enforcement of an arbitration award may represent an indirect challenge to the principle of Competence-competence, since the issuance of an arbitral award presupposes the existence of a valid arbitration agreement.