Objective arbitrability in arbitration law

Main Article Content

Daniel Restrepo-Soto

Keywords

Alternative Disputes Resolution, arbitration, arbitrability, objective arbitrability, subjective arbitability, freedom of contract, public policy

Abstract

The present article analyzes the legal institution of international commercial arbitration, particularly the role of the principle of autonomy of the will of the parties to submit a dispute to arbitration jurisdiction. Also the figures of the objective and subjective arbitrability, especially the first be analyzed, seeking to answer what issues are likely to be settled by an arbitral court? from the analysis of national and international law, comparative law and jurisprudence related to the arbitrability, and from the interpretation of these rules, will be able to determine some criteria for defining the objective arbitrability.

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