Arbitrability

Judicial Boundary

National laws dictate which matters must remain within the sole domain of state courts. Claims involving bankruptcy or competition law sometimes exceed the scope of what private tribunals can decide. Public policy rules prevent the settlement of these disputes outside the statutory court system.

Contractual Clause

Private contracts must state clearly which disputes the parties agree to submit to alternative resolution. If the scope of the agreement is vague, the parties will argue about the arbitrability of the specific disagreement before a judge.

Statutory Restriction

Legislative bodies periodically update which fields are exempt from private settlement. Labor disputes and consumer protections often receive special statutory exemptions that block arbitration clauses. Courts enforce these rules to protect weaker parties from unfair dispute resolution clauses in adhesive contracts.