Preliminary communication

On arbitrability in comparative arbitration - an outline

Krešimir Sajko ; Faculty of law, University of Zagreb, Zagreb, Croatia

Abstract

The objective arbitrability, which determines the range of arbitrable disputes, is set up by mandatory substantive, material rules of private international law. The comparison of different national arbitration laws shows that, mutatis mutandis, the mostly mentioned arbitrability is extended not only to pecuniary claims but also to non-pecuniary claims if parties are capable of concluding a settlement on the matter in dispute.
The critical issue in international arbitration, which may arise at different stages of arbitral and court proceedings, is to determine the applicable law that governs such arbitrability. The author, upon analyses of selected national laws, case law and the New York Convention, concludes that both arbitral tribunal and national courts, have to determine objective arbitrability according to the rules of lex fori.

Keywords

international arbitration; objective arbitrability; mandatory substantive rules on arbitrability; applicable law for arbitrability; lex fori as applicable law for objective arbitrability

Hrčak ID:

59890

URI

https://hrcak.srce.hr/59890

Publication date:

27.10.2010.

Article data in other languages: croatian german

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