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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Arbitrability

Daphna Kapeliuk

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Subject(s):
Corruption — Public policy — Place of arbitration — Review of arbitral awards — Arbitrability — Recognition and enforcement — UNCITRAL Model Law — New York Convention on Enforcement of Judgments

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

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...
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