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Concept of Arbitrability in Private International Law

Student: Seredina Viktoriia

Supervisor: Aleksandra Kasatkina

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 10

Year of Graduation: 2019

The thesis is dedicated to the concept of arbitrability. It answers to the question which disputes may be the subject of arbitration, and which may not. The correct application of the law provisions requires an understanding of the basics, so the study focuses on the theoretical aspect of the concept of arbitrability. A general criterion for testing the dispute arbitrability, which is possible to be adapted to the requirements of the applicable law, is elaborated in the paper. For this purpose, the standard for the validity of the arbitration agreement was determined, the competence of international commercial arbitration was identified, the impact of public policy on the arbitrability of the dispute was considered, the factors of the arbitrability of the object of the dispute were revealed, the subjects of arbitration were established, the disputes were analyzed from the arbitrability point of view on the basis of the criteria identified. Certain criteria of arbitrability of disputes will help economic entities to reduce the costs of arbitration and litigation. In theoretical terms, the study can contribute to the further systematization of arbitrable disputes.

Full text (added May 9, 2019)

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