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42 - Role of State Courts in Supporting Arbitration

from Part VIII - Role of State Courts in Arbitration

Published online by Cambridge University Press:  18 February 2023

Stefan Kröll
Affiliation:
Bucerius Law School, Rechsanwalt Kröll
Andrea K. Bjorklund
Affiliation:
McGill University, Montréal
Franco Ferrari
Affiliation:
New York University
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Summary

State courts play a fundamental, albeit sometimes maligned, role in supporting international arbitration.This chapter examines how and when that support can be provided.The chapter begins with some procedural considerations such as the finality of the decision and the level of consideration required by courts. It then follows the life cycle of an arbitration proceedings, and take a stage by stage approach to the type of support a court may offer.Particular attention is paid to enforcing the arbitration agreement, assisting with evidentiary matters, and other steps intended to protect the integrity of the arbitration process.The chapter concludes by recognising that whilst specific examples are useful and may identify common situations, in many jurisdictions there is an inherent “catchall” power that courts can exercise.

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Publisher: Cambridge University Press
Print publication year: 2023

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