What is pro-arbitrability of the legal system?

Arbitrability, or the admissibility of an arbitration agreement, is the conformity of the dispute that arose between the parties to the category of disputes that can be the subject of arbitration based on the law that is used to resolve the dispute.

The term "arbitrability" is not directly used either in the legislation or in the judicial practice of Ukraine. However, the meaning of this concept is formed with the help of a number of provisions of the Economic Procedure Code of Ukraine, laws of Ukraine "On Arbitration Courts" and "On International Commercial Arbitration".

The issue of arbitrability of disputes is, at first glance, quite simple. So, for example, according to Clause 2 of Art. 1 of the Law of Ukraine "On International Commercial Arbitration", disputes arising from contractual and other civil law relations arising from the implementation of foreign trade and other types of international economic relations, if the commercial enterprise of at least one of the parties is located abroad, are subject to international arbitration, as well as disputes between Ukrainian enterprises, if at least one of them is an enterprise with foreign investments.