‘The Critical Role of the Courts In Arbitral Disputes: Conceptualizing the Relationship Between the Courts and Arbitration’

Abstract

The role of the courts in arbitral disputes may be underappreciated by some in the arbitration community. It is axiomatic that when parties choose arbitration, they opt out of the default method by which they would have otherwise resolved their disputes, that is, through the national court system. This opting out is not, however, for all seasons and for all time. On the contrary, the court plays a critical and integral role in the arbitration process. Through the decisions of the court, the basic features of arbitration are reinforced, and it is the court that ensures that arbitration functions as an effective mode of dispute resolution. This article starts with a brief overview of the relationship between the courts and arbitration. Three topics are thereafter examined. The first is the role of the court in setting the boundaries of arbitration. The second concerns how the court supports arbitration through interim orders. The final topic concerns the court’s role in the setting aside and enforcement of arbitral awards.