Journal of International Arbitration
Volume 41, Issue 3 (2024) pp. 345 – 370

https://doi.org/10.54648/joia2024016

Abstract

This article critically examines the interpretation of the concept of arbitrability under the New York Convention. Taking stock of divergent interpretations that pose challenges to achieving a uniform enforcement regime, the article proposes a pragmatic approach to interpreting arbitrability under the New York Convention, which seeks to minimize judicial interference and enhance the efficiency of enforcement procedures. By promoting the principle of Kompetenz- Kompetenz and advocating for greater transparency in public policy defences, this article contributes to the ongoing discussion on these issues. It aims to bridge jurisdictional divides by offering a harmonized interpretation of arbitrability that not only illuminates the theoretical underpinning of the concept, but also provides a roadmap for a more coherent and universally applicable interpretation. This will enhance predictability and efficiency in resolving cross-border disputes.

Extract

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