7 Role of National Courts during the Proceedings
Nigel Blackaby, Constantine Partasides QC, Alan Redfern, Martin Hunter
Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter
- Specific courts and tribunals — Host state law — Relationship of international law & host state law — Enforcement in domestic courts — Parallel proceedings — Place of arbitration — Specific Courts and Tribunals
This chapter examines the role that national courts play at the beginning, during, and end of arbitration proceedings. Arbitration is dependent on the support of the courts, which alone have the power to intercede when one party seeks to sabotage proceedings. This intervention may be possible at the beginning of the arbitral process in the context of the enforcement of the arbitration agreement, the establishment of the tribunal, and challenges to jurisdiction. National courts may also intervene during proceedings: it may be necessary for the arbitral tribunal or a national court to issue orders intended to preserve evidence, to protect assets, or in some other way to maintain the status quo pending the outcome of the arbitration. Under the UNCITRAL Rules and Model Law, such orders are called ‘interim measures’. The chapter also describes how national courts exercise judicial control over the resulting award.