Arbitrability of International Commercial Disputes and the Doctrine of "Concentration of Public Interest"

Student: Kalinin Mikhail

Supervisor: Konstantin Ksenofontov

Educational Programme: Private International Law (Master)

Year of Graduation: 2018

This paper scrutinizes and criticizes limitation of arbitrability with reference to «concentration of important public elements» that developed in Russian court practice over the last few years. The author first analyses principles for limitation of arbitrability adopted in developed jurisdictions and then provides an overview of the general trend on arbitrability in Russian law. With inferences from the first part of the paper in mind, the author argues that limitation of arbitrability of disputes based on the doctrine of «concentration of important public elements» is unfounded. It is suggested that the doctrine contradicts both the internationally accepted principles for limitation of arbitrability and the Russian law.

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