Courts’ Intervention in Arbitral Proceedings: The Afghan Arbitration Law Perspective

Abstract

The paper explores the role of courts in arbitral proceedings in light of New York Convention on the Recognition and Enforcement of Foreign arbitral awards and the UNCITRAL Model law. It discusses the role of courts in arbitral proceedings from the perspective of the Afghan Arbitration Law. It analyzes the circumstances when courts can intervene in arbitral proceedings in all stages of the arbitration processes, including the setting aside of arbitral awards and the enforcement of awards. Then, it examines the legal framework governing the relationship between courts and arbitrators in Afghanistan, and the possible changes that could be made to enhance clarity on the extent of the courts' role in arbitral proceedings. Furthermore, the article considers the implications of court intervention in arbitral proceedings for the efficacy and credibility of the arbitral process in Afghanistan so that the law ultimately enhances the confidence of investors and businesses in the Afghan arbitration system, which will eventually contribute to the country's economic development and growth.