New big article of the attorney Dr. Danilevich on the topic «Categories of “Competence”, “Jurisdiction”, “Arbitrability” and “Admissibility” in International Commercial Arbitration» was published in Journal of International Law and International Relations (Minsk) №3-4 2019.
In the article the author considers the theoretical and practical aspects of the ability of an international arbitration court to consider substantive disputes. Based on the study of existing literature, regulations, arbitration court regulations and arbitration practice, conclusions are made regarding the definition of title categories; special emphasis is made on the ratio of arbitrability and admissibility of the claim in the practice of the International Court of Arbitration at the BelCCI. The author states that the possibility of dispute resolution by an international (and not only) arbitration court requires the arbitrability of the dispute and, consequently, the existence of the competence of the court, as well as the admissibility of the claim, without which verification of arbitrability and competence in the arbitration and post arbitration phases of dispute resolution is impossible.
Article is available here.