Non-Arbitrability of Dispute As Legal Ground for Refusal in Recognition and Enforcement of Foreign Arbitral Awards

This research is devoted to the problem of arbitrability of disputes in Russia and abroad. The author examined aspects of non-arbitral disputes and attempts to recognize and enforce decisions on non-arbitral disputes. The nature of international commercial arbitration as an institution, the element of which is non-arbitrability, has been revealed. The study also show the control functions of courts that examine the arbitral award for whether the dispute, under which the decision was made, could be the subject of arbitration in the state where the enforcement of the award is requested. The main theories of arbitrability and criteria for determining non-arbitral disputes in foreign countries and in Russia are described. The example of the Russian Federation also shows how regulation takes place and what problems exist in judicial practice. The study showed that the criteria of non-arbitrability and the category of non-arbitral disputes vary greatly depending on the state.