C/L/170. International Arbitration and the Role of the Courts

This assignment discussed the need for involvement of national courts in the arbitral process. It critically considers the role that national courts play in the arbitral process and whether or not this intervention is a necessary and welcome intervention. It considers the various points during the arbitral process at which the courts become involved and the consequences of such involvement. The impact of the Arbitration Act 1996 is considered. This assignment will consider some of the cases in which the national courts have commented on the need for involvement in the arbitral process. It is then concluded that whilst the intervention of the court is a necessary part of the arbitral process, there is a fine line between intervention and the respect for parties autonomy.