Arbitrability of Corporate Disputes in International Commercial Arbitration

The research is devoted to the analysis of case law and doctrine in various jurisdictions on arbitrability of corporate disputes in international commercial arbitration. By now, corporate disputes are the ones most frequently submitted to arbitration. Consequently, potential ban on the resolution of such disputes in arbitration becomes a matter of crucial importance for the parties. Based on this research the author has come to the following conclusions: (1) today in most jurisdictions a sufficient public element is the main criterion for separating the non-arbitrable disputes; (2) inclusion of an arbitration clause into constituent documents and into shareholders agreements as well as confidentiality matters in some jurisdictions may preclude resolution of a corporate dispute in arbitration; (3) case law of European states, the USA and well-developed Asian states is based on the presumption of arbitrability of corporate disputes, however, it does not lead to levelling the specific features of national legislations; (4) new postreform case law of the Russian Federation is currently under formation though the latest tendencies in its development are generally positive.