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Redfern and Hunter on International Arbitration, 6th Edition by Blackaby, Nigel; Partasides, Constantine; Redfern, Alan; Hunter, Martin

7 Role of National Courts during the Proceedings

Nigel Blackaby, Constantine Partasides QC, Alan Redfern, Martin Hunter

From: Redfern and Hunter on International Arbitration (6th Edition)

Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter

A newer edition of Redfern and Hunter on International Arbitration is available. Latest edition (1 ed.)
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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 19 June 2019

Subject(s):
82cf2cba-229c-405b-8689-37b0df0c9e87 — Host state law — Relationship of international law & host state law — Recognition and enforcement — Parallel proceedings — Place of arbitration — 38d0dcfb-c5fc-4483-bd13-bcda40e5e7a9

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.

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