202 / 521
Conclusion
As explained above in detail, the issue of which subject is arbitra-
ble depends on the discretion of the states and it is not possible to have
an arbitration proceeding for issues which are not arbitrable. In this
context, another important point is to determine the competent author-
ity that shall review the objection of arbitrability. The objection of arbi-
trability shall be examined together with the objection of jurisdiction
in the resolution of this problem. There are different legal approaches
as to whether and to which extent the courts or arbitral tribunals shall
review the objection of arbitrability.
186
NEWSLETTER 2014