Arbitrability and Public Policy in International Commercial Arbitration: National Exceptions and Their Consequences

The article examines the evolving legal framework of arbitration agreements against the backdrop of the expansion of alternative dispute resolution and the consolidation of a policy of minimal court intervention. It demonstrates that, following the adoption of model standards on international commercial arbitration, the courts’ involvement becomes permissive and limited, while arbitrability, public policy, and the recognition and enforcement of arbitral awards emerge as the decisive parameters. The paper analyses the relationship between party autonomy and protective judicial powers, the impact of national exclusions from arbitrability on the scope of the agreement, and the role of institutional rules in specifying admissible categories of disputes. It argues for the necessity to consider both the law of the seat and the law of the enforcing state when drafting clauses, including waivers of recourse against the award, as these choices affect the extent of judicial review and the timeline of enforcement. The conclusion outlines a developing balance between the parties’ freedom of contract and the limits of public-law intervention aimed at preserving the stability of arbitral proceedings.