The Concept of Arbitrability under the New York Convention: The Quest for Comprehensive Reform

This article critically examines the interpretation of the concept of arbitrability under the New York Convention. Taking stock of divergent interpretations that pose challenges to achieving a uniform enforcement regime, the article proposes a pragmatic approach to interpreting arbitrability under the New York Convention, which seeks to minimize judicial interference and enhance the efficiency of enforcement procedures. By promoting the principle of Kompetenz-Kompetenz and advocating for greater transparency in public policy defences, this article contributes to the ongoing discussion on these issues. It aims to bridge jurisdictional divides by offering a harmonized interpretation of arbitrability that not only illuminates the theoretical underpinning of the concept, but also provides a roadmap for a more coherent and universally applicable interpretation. This will enhance predictability and efficiency in resolving cross-border disputes.