Arbitrability under the New York Convention: the Lex Fori Revisited
Bibliographic record
Abstract
UNDER THE 1958 New York. Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the arbitrability of the subject matter of a dispute may be at issue when a national court is called upon to recognize an arbitration agreement and refer the parties to arbitration (Article II), or when the court is requested to enforce a foreign arbitral award (Article V). In both cases, the preliminary question of the law governing arbitrability needs to be answered. This question has been the subject of much discussion and debate. National courts have contemplated – alternatively or cumulatively – the law of the forum (lex fori), the law chosen by the parties to govern the arbitration clause (lex electionis) or their contract (lex contractus), or, further, the law of the seat of the arbitral tribunal (lex arbitrii) or the place of enforcement of...
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.001 | 0.001 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.006 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; both teacher heads agree on what is shown here.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".