The need of a uniform notion of arbitrability: a comparative study on corporate arbitration

The present study examines the notion of arbitrability and zooms in the consequences of its ambiguity. Although corporate arbitration is considered a very effective instrument to solve inter-company disputes, there is still a high degree of uncertainty over which claims may be submitted to arbitration. Indeed, the notion of arbitrability is far from being unquestionably determined. The work outlines the difficulties with the development of arbitration as alternative mechanism to solve inter-company disputes and tries to investigate effects, advantages and disadvantages of this legal instrument. This paper analyses and compares the regulations settled by some European and non-European legal systems. In view of the relative scarcity of comparative studies on this matter, the research compares key features of different legislations: the final purpose is to determine whether the reforms on arbitration, enforced by different countries, produced the expected results of increasing the amount of arbitrable matters. The aim of the study is to analyse systematically current regulations in commercial arbitration and to examine the notion of arbitrability in corporate disputes. Thus, the purpose is to contribute to a better understanding of national regulations of arbitration and to compare alternative approaches.