Notes on Arbitrability - Focus on objective arbitrability-
Journal
Iustinianus Primus Law Review
Date Issued
2018-06
Author(s)
Deskoski, Toni
Dokovski, Vangel
Abstract
According to the principle of Kompetenz-Kompetenz, an arbitral tribunal is vested with the authority to decide upon its jurisdiction with respect to any given dispute. In making such a decision, it will review the respective arbitration agreement and it will consider general legal principles affecting its jurisdiction. This decision will inevitably include an assessment as to whether the dispute at hand is arbitrable. The arbitral tribunal's determination, however, is not necessarily final. It might be subject to judicial review. In a motion to set aside the tribunal's determination or during a challenge of the final award at the recognition and enforcement stage, a court may take a `second look' at the arbitrability of a particular matter. The nature of such judicial review has been the subject of extensive scholarly debate in the past. Therefore, when parties and their respective lawyers consider dispute resolution mechanisms for a corporate dispute, they first need to determine whether the dispute is arbitrable or not. As a general rule, corporate disputes are arbitrable. In this text the authors will analyze the objective arbitratibility from comparative perspective and give some comments regarding the Law on International Commercial Arbitration of Republic of Macedonia.
Subjects
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