- The court’s involvement in the arbitral process and the effect of arbitration on the courts.
Arbitration is a private dispute resolution process which effectively involves the parties to the arbitration agreement contracting out of the rights which they would otherwise have to submit their disputes for resolution by a national court.
In that sense, the parties to an arbitration agreement make a choice which excludes the court. ‘Arbitration-friendly’ jurisdictions recognise and respect the parties’ right to make that choice. Yet, even as, say, the English court therefore stays proceedings brought in respect of a matter which is subject to an arbitration agreement (under s 9 of the Arbitration Act 1996 (AA 1996)) or grants an injunction restraining a party’s pursuit of such proceedings in a foreign court, it demonstrates how integral the court can be (and the arbitration law which it applies is) to the successful fulfilment of an agreement which ostensibly seeks to avoid the court’s involvement.
This
