The article is devoted to the analysis of the scope of the arbitrability under the Ukrainian legislation in the context of the changes to procedural codes. It was raised the questions of specific relationship of arbitration proceedings and arbitration, as well as classification of the arbitration into internal and external forms. It was analyzed the categories of cases that are non-arbitratory by their legal nature or are by the national legislative restrictions of each state. The category of public policy was considered as a criterion for the possibility of considering disputes in arbitration. On the side of legislative technology, were examined the norms of the draft articles of the changes to economical procedural code. The shortcomings and conflict moments of the proposed changes are elucidated.