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- Title
ARBITRABILITETI SI NJË PARAKUSHT PËR VLEFSHMËRINË E MARRËVESHJES SË ARBITRAZHIT.
- Authors
ADEMI, Arber
- Abstract
For a dispute to be resolved through international commercial arbitration it is of outmost relevance to exist a valid arbitration agreement between the parties. At the time of concluding such agreement the contracting parties must take into account the issue of arbitrability, since the same constitutes a condition for the validity of the arbitration agreement. This precondition is also the subject of this article. First of all, we will define the notion of arbitrability while making a distinction between the objective and the subjective arbitrability, in which case we emphasize that this notion presupposes the suitability of the dispute to be resolved through arbitration, and the ability of the parties to conclude arbitration agreement. Specifically, in this article the following questions will be provided: Which disputes are considered as arbitrabile? Are states and other public-legal persons, except physical persons and private legal persons, eligible to conclude a valid agreement on international commercial arbitration? Under which national law the ability of the parties to conclude an arbitration agreement will be assessed? The purpose of this article is to present and provide an analysis of various legislative solutions encountered in international legal sources and modern national legislation, particularly legislation of the Republic of Macedonia. In addition, we present the different theoretical approaches. Illustration of examples from practice will not be missed.
- Publication
Vizione, 2015, Vol 24, p173
- ISSN
1409-8962
- Publication type
Article