The nature of the arbitration agreement in most legal systems (at least legal systems other than the common law) is somewhat unclear. At present, it is not possible to determine decisively which theory is the only correct one. On the other hand, it is necessary to consider any arbitration agreement invoked by the parties at the beginning of the proceedings and to choose one of the above theories. The classification of the arbitration agreement may, in certain circumstances, be the determining factor in the definition of the rules applicable to the arbitration agreement, i.e. the rules of procedure or substance. In civil law, arbitration agreements can be defined as procedural agreements in the broadest sense, which not only have effects in the procedure, but are essential for the qualitative assessment of the material contractual relationship between the parties. However, despite a mixed nature of arbitration agreements (and all arbitration agreements), jurisdiction is a procedural and non-material category in the civil tradition, and jurisdiction remains the procedural condition (procedural condition). The decision on jurisdiction over partial arbitration is contrary to the concept of jurisdiction as a category of procedure, but may be the subject of an interim arbitration award for such decisions. However, court decisions made in arbitration proceedings are not material decisions and have no legal value. As a result, some civil courts, which fully correspond to the concept of jurisdiction as a category of procedure, object to the cancellation of arbitration awards handed down before arbitration awards are awarded on the merits of the case. With any civil dimension in arbitration proceedings, it can cause significant problems for the parties if the arbitral tribunal decides jurisdiction by a separate tribunal.
. Law – Society: International – Comparative Law eJournal Yearbook of International Arbitration, p. 21-50, Mr. Roth, M. Giestlinger, eds., Intersentia / DIKE / NWV, Vienna-Graz, 2012 Subscribe to this fee review for more articles on the subject. JEL classification: K10, K12, K19, K30, K33, K39, K40, K41, K49.