International Commercial Arbitration: Issues Regarding Arbitrability

Abstract

The increasingly globalized nature of international commercial activities affects the process of international commercial arbitration. The subject of international commercial arbitration is very important for resolution of disputes relating to the international trade and commerce, and it is constantly in the process of development. It is, therefore, necessary that the literature on the subject continues to grow keeping pace with the time. It consists of national arbitration laws, conventions and treaties. Arbitration has evolved as the preferred method of dispute resolution, not just commercial matters but even otherwise. In international commerce, where the parties to a commercial agreement belong to different nationalities, the benefits of choosing the forum of arbitration are plenty. In this article, an attempt was made to deal with the principles for determining the law applicable to arbitrability issues and limitations imposed on arbitrability by public policy in international arbitration. To remove conflicts and confusion concerning arbitrability, it is necessary that the laws of the nations

should be further integrated and homogenized.