The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.