Arbitrability of Corporate Disputes in Foreign Doctrine and Foreign Legal Systems

Abstract

According to the current doctrine of civil law, the subject of law independently exercises civil rights, including the right to judicial protection. The choice of the form of protection is provided to the person whose rights have been violated, and this can also be attributed to the preliminary agreement of the parties to the corporate dispute. It should be noted that due to the length and inefficiency of judicial procedures, more and more attention has recently been paid to issues of alternative dispute resolution. In this regard, the out-of-court form of resolving corporate disputes is of particular interest. Due to the heavy workload of national courts, the issue of out-of-court dispute resolution is becoming increasingly important. At the same time, arbitration is considered a traditional method of resolving disputes even in Roman law. One of the controversial and legally unresolved issues in the theory of arbitration is the possibility of arbitration of disputes. The problem lies not only in the legislative definition of the term “arbitrability”, but also in the lack of clear standards regarding the arbitrability/ non-arbitrability of disputes. The need to study arbitrability is also due to the formation of an ambiguous position in the theory of arbitrability of disputes, including issues of company relationships. Thus, it can be concluded that the principle of arbitrability does not allow for sufficient answers to the question of the arbitrability of disputes with corporate elements. Thus, the need for scientific understanding of the theoretical foundations and the formation of a strong institution of arbitration and a theoretically sound concept of arbitrability both in theory and in practice determined the relevance of the research topic. Keywords: arbitrability, arbitration, corporate dispute, arbitration agreement, non-arbitrability.