1 The notion of arbitrability concerns the meeting point of the pursuit of contractual rights and the exercise of state authority (Carbonneau and Jason, 1994, 194). It refers to the intersection where the parties’ freedom of contract in deciding that their dispute will be settled in arbitration collides with the notion of public adjudication. From a theoretical perspective, when focusing on the private and public characteristics of the arbitration, arbitrability reflects the place where the contractual and jurisdictional natures of arbitration meet (Lew and...
Users without a subscription are not able to see the full
to access all content.