What Law Governs the Issue of Arbitrability?

Development summary

B. Hanotiau examines which law governs objective arbitrability at different stages of arbitration. The analysis covers proceedings before the arbitral tribunal, proceedings before a national court where parallel litigation has been brought, and proceedings concerning the setting aside or enforcement of an award.

The discussion focuses on the relationship between the law governing the arbitration agreement, the law of the seat and the law relevant to possible recognition or enforcement. It treats arbitrability as a condition of the arbitration agreement’s validity and, consequently, of the arbitrators’ jurisdiction.