THE CONTENT OF THE INTERNATIONAL COMMERCIAL ARBITRATION AGREEMENT.

Our interest in treating the content of the international commercial arbitration agreement derives from the fact that only a valid arbitration agreement in terms of content can produce the desired effects, such as the prorogation of the international commercial arbitration competency and in the same time the derogation of the competency of national courts in settling the dispute in question. Furthermore, only a valid arbitration agreement also in terms of content may establish basis for recognition of the competence and the arbitration decision itself. Although in the international commercial arbitration law, the parties are given the full right to determine what will the arbitration agreement contain based on their free will, the majority of legal scholars and researchers of the arbitration are focused in two essential and fundamental elements without which the arbitration agreement would have been invalid, they are: competency constitution of the arbitration and the determination of the dispute or disputes for which the arbitration is competent. Therefore, this paper's subject is to aim a detailed addressing of these two fundamental elements of the agreement in which case the addressing of pathological clauses and blank clauses will not be missing, where their legal fate will be raised as an issue by offering examples from international arbitration practice and regular courts where these clauses have been positively interpreted, by "saving" them, "healing" and "surviving" the defects. [ABSTRACT FROM AUTHOR]