Part III International Arbitration Agreements: Issues and Perspectives, 7 Arbitrability Decisions Before, During, and After Arbitration
John J Barceló
From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators
Edited By: Julio César Betancourt
- Arbitral agreements — Arbitrators — Claims — International courts and tribunals, procedure
The arbitration agreement is the cornerstone of international commercial arbitration. Disputes over the agreement’s existence, validity, and scope-the essential elements for a controversy to be arbitrable-arise at each of the three fundamental stages of the arbitration/litigation process. This chapter discusses the arbitrability issue at each stage of the arbitration/litigation process. Stage One, before a national court where one party seeks to litigate the merits of the dispute and the other party petitions to have the dispute sent to arbitration. Stage Two, when the parties are before the arbitrable tribunal itself. Stage Three, when the party who wins an award asks a national court to enforce it, or the party who loses asks a national court to set it aside or refuse to recognize and enforce it.