How Do You Spell ARBITRABILITY?

Pronunciation: [ˌɑːbɪtɹəbˈɪlɪti] (IPA)

The word "arbitrability" is spelled with the root word "arbitrate" and the suffix "-ibility." The IPA phonetic transcription for this word is /ɑɹbɪˌtɹeɪtəˈbɪlɪti/. The "ar" is pronounced like "ahr," the "bi" is pronounced like "bi," the "tr" is pronounced like "tr," and the "a" is pronounced like "uh." The suffix "-ibility" is pronounced like "uh-bil-i-tee." This word refers to the quality of being able to be submitted to arbitration.

ARBITRABILITY Meaning and Definition

1. Arbitrability refers to the legal concept that determines whether a particular dispute or issue is capable of being resolved through arbitration. It is the measure of suitability or appropriateness of a dispute to be decided by an arbitrator rather than a court of law.

   Arbitrability primarily involves assessing two key aspects. Firstly, it examines the subject matter of the dispute to determine if it falls within the scope of matters that are legally permitted to be arbitrated. Some disputes, such as criminal matters or disputes involving certain public interest issues, may be excluded from arbitration by law.

   Secondly, arbitrability also assesses whether the parties involved have validly agreed to submit their dispute to arbitration. This encompasses evaluating the existence and enforceability of a valid arbitration agreement or clause between the parties. Factors included in this evaluation may be the intention of the parties to arbitrate, the clarity and scope of the arbitration agreement, and any stipulated procedural rules.

   Courts and national legislations often play a critical role in determining the arbitrability of disputes. They provide guidance and rulings on the types of disputes that are generally suitable for arbitration and those that must be resolved through traditional judicial processes.

   The concept of arbitrability aims to strike a balance between the right of individuals to access arbitration as an alternative method of dispute resolution and the need for certain matters to be adjudicated by courts due to their nature, public interest, or legal limitations.

Etymology of ARBITRABILITY

The word "arbitrability" is derived from the noun "arbitration" and the suffix "-ity".

The noun "arbitration" comes from the Latin word "arbitrari", which means "to give judgment, decide". It is also related to the Latin noun "arbiter", meaning "judge" or "witness". "Arbitration" refers to the process of resolving a dispute by an impartial third party or arbitrator, who gives a binding decision.

The suffix "-ity" is used to form abstract nouns indicating a quality or condition. In this case, it is added to "arbitrable", meaning "capable of being submitted to arbitration", to create "arbitrability".

Therefore, "arbitrability" refers to the quality or condition of being capable of being resolved through arbitration.