Analyzing International Arbitration

1841 Words Feb 2nd, 2018 7 Pages
National courts become involved in arbitration for a whole host of reasons, but do so primarily because national laws are permissive and parties invite or encourage them to do so.
But what is the nature of such involvement? Does it complement or impede the arbitration process? Is there a place for any court involvement at all in the system referred to as international arbitration? The aim of this project is to discuss these issues. First, this Article will discuss the fundamental characteristics of international arbitration as it co-exists with national courts. Next, this Article will survey the different stages of national court involvement in the international arbitration process and the forms of court involvement. Further, this Article will analyze court awarded injunctions that act to support of the international arbitration process. Lastly, this Article will conclude with an assessment of whether court involvement is helpful to the international arbitration process

Fundamental Characters of International Arbitration
There are four essential characteristics of international arbitration. First, international arbitration has an autonomous character and exists in a domain independent of and separate from national laws and jurisdictions . Arbitration does not, as some have suggested, operate solely on the basis of contract, or from the relinquishment of…
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