"The arbitrability as a form of state control over the courts of arbitration"

Abstract

The article concern the state control exercised over one of the alternative methods of dispute resolution which is arbitration. One form of state control over the arbitration is an institution of arbitrability as a condition of the admissibility of a dispute being submitted under the jurisdiction of the court of arbitration. Arbitrability serves to demarcate the border between the powers of the judiciary private and public. The subject of this work is to determine the purpose for which the legislator has introduced the classification of disputes that may be subject to a decision by the arbitration court and which elements of the control apply to the decisions of such courts. The article also attempts to answer the questions, legitimates to introduce the state apparatus of controling the decisions that are adopted on an extra-judicial basis, for example by the parties and what are the dangers of entrusting the arbitration courts all categories of cases to solve and what may by the consequences.