The Concept of Accumulation (Concentration) of Socially Significant Public Elements in Legal Relation as a Basis for Non-Arbitrability of a Dispute

This article examines a relatively new phenomenon of domestic law enforcement practice – the arbitrability of disputes with a “public element”. Increasingly, the possibility of arbitration in disputes in which there is a so-called public element is being questioned. The courts do not disclose the concept of a public element. From the general understanding, it is only deduced that we are talking about public entities as participants in civil law relations, about the involvement of public property and budget financing in such relations. All the above relationships form an urgent problem of arbitration, which has a consequence in the form of refusal of state courts to enforce arbitral awards. This controversial judicial practice also gave rise to a controversial concept, which in the doctrine is called the concept of accumulation (concentration) of socially significant public elements. This concept raises questions from the point of view of the theoretical perception of this phenomenon: neither foreign nor domestic doctrine knew this phenomenon. Until this moment, only minor attempts were made to analyze this concept, as well as to analyze individual public elements and their impact on the legal relationship in terms of the possibility of a dispute from this legal relationship to be considered by arbitration. Bridging this gap is this article.