ARBITRABILITY OF THE DISPUTE AS A PRECONDITION FOR THE SUCCESS OF THE ARBITRATION
ARBITRABILITY OF THE DISPUTE AS A PRECONDITION FOR THE SUCCESS OF THE ARBITRATION

Summary/Abstract: Arbitration as an alternative way of resolving disputes is becoming more and more affirmative because the boundaries of the primary are necessarily expanding due to the need for increasingly intensive integrated processes. Not all disputes are similar to arbitration, but only disputes that have the property of arbitrability. Arbitrability is determined in a subjective and objective sense and is a necessary condition for the validity of the arbitration agreement. There is no universal definition of arbitrability, it is defined differently in different countries but also in one country variable over time. The arbitration procedure is limited to a small part of civil disputes, whereby the arbitration changes the litigation procedure in disputes of arbitrable admissibility, while in other civil matters the court bodies retain for themselves exclusive jurisdiction. Each state establishes its own legal rules that determine the limits of admissibility of the arbitral way of resolving disputes, protecting its own interests, which may differ in different countries, most often expressed in the definitions of arbitrability. The authors analyze the limits of arbitrability as a prerequisite for the success of arbitration, pointing to certain limiting factors in correlation with individual institutions (autonomy of will, public order, conflicting norms).

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