Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- 42 Role of State Courts in Supporting Arbitration
- 43 Role of State Courts in Controlling Arbitration
- 44 Interim Relief by State Courts
- 45 Control of the Courts by Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
42 - Role of State Courts in Supporting Arbitration
from Part VIII - Role of State Courts in Arbitration
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- 42 Role of State Courts in Supporting Arbitration
- 43 Role of State Courts in Controlling Arbitration
- 44 Interim Relief by State Courts
- 45 Control of the Courts by Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
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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- Publisher: Cambridge University PressPrint publication year: 2023