jurisdictional function is clear from the Voluntary Arbitration Law (LAV) , more 3 specifcally from its article 42. As a jurisdictional act is that which settles or resolves a dispute, the arbitration award, to the extent that it efectively resolves a dispute, performs an important jurisdictional function, alongside the judicial courts, here in the sense of courts bound to the State and which, on its behalf, administer justice. Arbitration, as a generic concept, appears in the legal world (and beyond) by reference to a relatively extensive set of activities and meanings. It is therefore important to delimit which arbitration constitutes the basis of our study. Thus, the arbitration we are concerned with is voluntary arbitration and, within this, international commercial arbitration. In other words, the one that has to do with private business (or, if we wish, private economic activity), which arises from a self-binding commitment on the part of the subject (there is no obligation to submit to arbitration). 2.2 The arbitration agreement The arbitration agreement is the agreement of the parties to submit the resolution of one or more determined or determinable disputes to arbitration, in line with the concept adopted by the New York Convention on the Recognition of Foreign Arbitral Awards of 1958, in its Article 2, paragraph 1 . It may, 4 therefore, have as its object a current dispute (arbitration commitment) or potential disputes arising from a particular contractual or non-contractual legal relationship (arbitration clause). The arbitration agreement has autonomy in relation to the contract where it is inserted, if this was the willing of the parties. It is established in Portuguese law, in line with the other "UNCITRAL" legal systems, that the nullity of the contract in which the arbitration agreement was inserted does not determine the nullity of the arbitration agreement, except when it is shown that the contract would not have been concluded without the arbitration agreement. This regime is well understood, as it ensures that the parties are unprotected in relation to the resolution of the dispute arising from the nullity of the contract they entered into. Or, in another situation, when the contract has not yet come into efect because it has been subject to a suspensive condition. Arbitration agreements may only be entered into on tradable rights. This expression fortunately replaced the previous reference to unavailable rights, as it was already common knowledge that there were unavailable rights that could be subject to voluntary arbitration. Currently, if the legal position of the parties is susceptible to transaction, any resulting dispute is arbitrable. 2.3 The arbitration commitment and the arbitration clause The arbitration commitment is the agreement (agreement) relating to a dispute already existing, including in the courts of the State. Indeed, there is nothing to prevent the parties to a court proceeding already in progress from deciding and Law n.º 63/2011 of 14 December. 3 "Each signatory State shall recognize the written agreement by which the parties undertake to 4 submit to arbitration all diferences which have arisen or which may arise between them with respect to a defned legal relationship, whether contractual or not, concerning a matter capable of settlement by arbitration." 3
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