Summary: 1. Introduction. – 2. General Requirements for the Validity of an Arbitration Agreement in the Context of Convention Regulation. – 3. The Ratio of ‘Autonomy of Will’ and the Validity of an Arbitration Agreement. – 4. The Choice of Law when Concluding an Arbitration Agreement. – 5. The Staged Nature of Regulation of the Validity of an Arbitration Agreement. – 6. The Ukrainian Experience of the Validity of an Arbitration Agreement. – 7. Conclusions.
The main reason for dispute in international commercial arbitration is the existence of an arbitration agreement concluded between the parties to a foreign trade agreement. The procedure of dispute resolution in international commercial arbitration will depend on the extent to which this arbitration agreement is concluded
correctly in accordance with the norms of international and national law. Quite often, in the law enforcement activities of both national courts and arbitrations, there are questions about the validity, effectiveness, and enforceability of an arbitration agreement. In different countries, this issue is addressed ambiguously. In one case, national law takes precedence, and, accordingly, national courts are empowered to consider the validity, effectiveness, and enforceability of an arbitration agreement. In other cases, however, the autonomy of the arbitration agreement is a priority aspect of the consideration of any procedural issues by international commercial arbitration as the only and indisputable body authorised by the parties to the foreign trade agreement to consider a particular dispute. The article analyses doctrinal and legislative approaches to this issue, in which the authors come to the logical conclusion that national courts do not consider the validity, effectiveness, and enforceability of an arbitration agreement.