Civilinių ginčų, susijusių su viešuoju interesu, arbitruotinumas

ENThe purpose of the article is to analyze the main arguments used to justify the limitation of the arbitrability of the civil disputes related to the public interest. The author seeks to establish whether resolution of the civil disputes by the arbitral tribunal is a proper measure for the protection and enforcement of the public interest. Conclusions show that arbitration is able to provide full protection of the fair trial guarantees; secures necessary knowledge and experience to solve the questions of the great importance for the New York Convention Member States; limitations for the arbitral tribunal to refer to the Court of Justice of the European Union for the preliminary ruling is not an obstacle to guarantee proper application of the European Union measures. Author reaches the conclusion that it is not proper to limit the arbitrability of civil disputes due to their relationship to the public interest. [From the publication]