Аннотация
The significance of the matter of arbitration under a concession agreement stems not only from the fact that such arrangements are of strategic significance to the state, but also from certain challenges associated with this issue in relation to the involvement of state authority or company in such agreements. The purpose of the research is to comprehensively analyze the issue of arbitrability in concession agreements from the perspective of the separability doctrine and the matter of public policy. The scientific significance of this topic lies in the development of a legal doctrine of dispute arbitrability, considering the hybrid nature of concession agreements, which are located at the intersection of public and private law, where administrative nature is combined with private commercial interest. The practical significance of this research is primarily focused on enhancing the arbitration legislation in the Republic of Kazakhstan, as well as the implementation of global principles of international commercial arbitration regarding the issue of arbitral jurisdiction in concession contracts of significant importance for Kazakhstan. This could assist government agencies, private investors, and legal consultants in structuring concessions agreements that include an arbitration clause. In this regard, the methodology of this research is based on an analysis of existing relevant scientific and empirical studies that are supported by established arbitration practice. The significance of this work lies in its contribution to the development of a comprehensive conceptual and legal framework for understanding concession agreements and their arbitrability. This approach introduces a degree of scientific novelty by narrowing the scope of research on arbitrability to the specific context of concession contracts, thereby identifying a need for further investigation in this area.