Abstract

In this article discusses the types of legal phenomena such as arbitrability. Arbitrability in general terms represents the possibility of a dispute to be an object of arbitration or international commercial arbitration. Arbitrability is a relatively new concept for the domestic law and order derived from the doctrine of judicial practice, but still has not found legislative consolidation. Existing approaches to arbitrability both in the doctrine and in judicial practice do not allow to fully identify its possible typologization, but certain types of arbitrability can be reliably determined. For example, subjective arbitrability based on the circle of subjects of the dispute and objective arbitrability based on the substance (object) of the dispute. This classification is imperfect, since the domestic legislator very sparingly regulates subjective arbitrability, which actually remains at the mercy of judicial practice, and objective arbitrability is not ordered and completely transparent. In addition, judicial practice often regulates arbitrability beyond its jurisdiction, in fact reviewing cases on the merits, which leads to ‘fluctuations’ of arbitrability and instability in the perception of the possibility to transfer a particular type of dispute to arbitration.

Translated title of the contributionArbitrability Types
Original languageRussian
Pages (from-to)33-37
JournalАРБИТРАЖНЫЙ И ГРАЖДАНСКИЙ ПРОЦЕСС
Issue number3
Publication statusPublished - 2020

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