Abstract
<jats:p>This study examines the concept of arbitrability in international arbitration law from theoretical, comparative, and practical perspectives. Arbitrability determines whether a dispute may be resolved by arbitrators and defines the substantive limits of arbitration. In this respect, it represents the balance between party autonomy and the states authority to protect public policy. The study first discusses the legal nature of arbitration by analyzing contractual, jurisdictional, and mixed theories, concluding that the mixed theory prevails in modern arbitration law. It further explores the distinction between domestic and international arbitration and evaluates the objective, subjective, and hybrid criteria used to determine the international character of arbitration. Within Turkish law, the concept of a foreign element under the International Arbitration Act (MTK) and the Code of Civil Procedure (HMK) is examined. Arbitrability imposes limitations particularly in matters involving nondisposable rights, issues of public policy, and disputes subject to exclusive jurisdiction. In this context, Turkish case law and doctrinal debates concerning lease agreements, competition law, corporate law, and intellectual property disputes are analyzed. From a comparative law perspective, the Continental European model, the Swiss approach, and the Anglo-Saxon system are reviewed to highlight differing national attitudes toward arbitrability. The study also evaluates Article V(2)(a) of the New York Convention and the UNCITRAL Model Law provisions regarding annulment and enforcement proceedings. Arbitrability is emphasized as a ground that must be examined ex officio within the framework of public policy control. The study concludes that a foreseeable and restrictive interpretation of arbitrability is essential to preserve the effectiveness and legitimacy of international arbitration. Keywords: Arbitrability, International Arbitration, Public Policy, Annulment of Arbitral Awards, Recognition and Enforcement</jats:p>