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7 Role of National Courts During the Proceedings

Nigel Blackaby, Constantine Partasides, Alan Redfern

From: Redfern and Hunter on International Arbitration (7th Edition)

Nigel Blackaby KC, Constantine Partasides, Alan Redfern

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

Subject(s):
Arbitration, procedure — International courts and tribunals, procedure — Relationship between international and domestic law — Arbitral tribunal

This chapter tackles the role of national courts amidst proceedings. The relationship between arbitral tribunals and courts is defined as a partnership and forced cohabitation. Court intervention could occur at the beginning of the arbitral process under the grounds of the enforcement of the arbitration agreement, the establishment of the tribunal, and challenges to jurisdiction. The chapter expounds on the powers given to national courts by legislation, which is also imposed to serve the interests of justice. Thus, an appropriate balance should be struck between the rights of courts to supervise arbitrations and the rights of parties to ask for assistance from the court.

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