States virtually maintain some restrictions upon the subject matter
of arbitration such as states’ public policy provisions. The extent of public policy in the
international commercial arbitration becomes more comprehensive than that of the New
York Convention, where it might be a defence against enforcement when the arbitral
award is rendered; hence the problem occurs only at the final stage of arbitral process.
Besides that, arbitrability also directly relates to public policy provisions that has effect
on the base of the arbitration agreement or, more specifically, arbitration clause. It
seems that arbitrators will have more discretion in arbitration process as to applying of
domestic public policy provisions in the future, but are they really suitable to do that?