International Commercial Arbitration

Module One, topic four

State Court support and oversight of international arbitration

• Hearing application to set aside an award (a court in the seat of arbitration); hearing
an application for recognition and enforcement of an award (usually a court in the
jurisdiction where the unsuccessful party has assets)- these will be discussed in
module 5

• Very limited judicial review

• Anti-suit injunctions

• Interim measures

• Obtaining evidence
Very limited judicial review

• A court may determine the validity of an arbitration agreement

(although a tribunal generally has competency to do so);

• Failure to give reasons (see Article 31 Model Law) but note that the
reasons do not have to be ‘good’;

• Public policy but not very narrow application of this ground;

• Technical misconduct.
Anti-suit injunctions

• When proceedings have been commenced in court and the parties

have agreed to refer the dispute to arbitration (i.e. have a valid
arbitration agreement) , an application might be made to the court in
the seat of arbitration for an anti-suit injunction (enforceable under
court’s powers with respect to contempt of court).
Interim measures

• Often the relevant lex arbitri will enable tribunals themselves to make
interim orders, and institutional rules confirm this power, including
providing for the appointment of interim emergency arbitrators.

• However, where the tribunal is not yet constituted and there is no

provision for an emergency arbitrator, or an order is sought against a
3rd party (not a party to the arbitration agreement) it may be necessary
to seek court orders e.g. an order against a bank to freeze assets.
Taking evidence

• A court may assist with orders to compel attendance of a witness or

the production of certain evidence.
Reading

• You will now read about judicial/ court assistance for arbitration.