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from Part VIII - Role of State Courts in Arbitration
Published online by Cambridge University Press: 18 February 2023
State courts play a fundamental, albeit sometimes maligned, role in supporting international arbitration.This chapter examines how and when that support can be provided.The chapter begins with some procedural considerations such as the finality of the decision and the level of consideration required by courts. It then follows the life cycle of an arbitration proceedings, and take a stage by stage approach to the type of support a court may offer.Particular attention is paid to enforcing the arbitration agreement, assisting with evidentiary matters, and other steps intended to protect the integrity of the arbitration process.The chapter concludes by recognising that whilst specific examples are useful and may identify common situations, in many jurisdictions there is an inherent “catchall” power that courts can exercise.
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