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NCJRS Abstract

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NCJ Number: 98777 Find in a Library
Title: Court Intervention in Arbitral Proceedings (From Resolving Transnational Disputes Through International Arbitration, P 195-223, 1984, Thomas E Carbonneau, ed. - See NCJ-98767)
Author(s): G R Delaume
Date Published: 1984
Page Count: 29
Sponsoring Agency: University Press of Virginia
Charlottesville, VA 22903
Sale Source: University Press of Virginia
Box 3608
University Station
Charlottesville, VA 22903
United States of America
Language: English
Country: United States of America
Annotation: This discussion of court intervention in international arbitration indicates that the drafting of an arbitration clause has considerable impact upon the degree of judicial involvement in the enforcement of arbitration agreements, control over the proceedings, and control over transnational awards.
Abstract: If the parties have been attentive in the arbitration clause to matters relating to the formal and substantive validity of the arbitration agreement, recourse to the judiciary should be confined within narrow limits. The arbitration clause should focus on the scope of consent to arbitration and its continued effectiveness as well as the severability of the arbitration clause from the main contract to which it relates. The modern view of judicial control over arbitral proceedings is that the effectiveness of transnational arbitration depends on the courts' refraining from interfering with the powers of arbitrators and assisting arbitrators or the parties when necessary. Regarding the enforcement of the arbitration agreement, the courts generally will not permit a party to renege on its obligations by diverting a dispute from arbitral to judicial adjudication or to frustrate arbitral proceedings by not cooperating. Concern judicial control over transnational arbitration awards, modern treaty, statutory, and judicial developments all contribute to facilitating the recognition and enforcement of transnational awards by limiting the grounds upon which recognizing courts can deny effect to such awards. Specific cases are cited to demonstrate the intervention and nonintervention of courts in transnational arbitration. A total of 111 footnotes are provided.
Index Term(s): Arbitration rules; Commercial arbitration; Court rules; International dispute settlement
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