Mr Arpit Shrivastava

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  • Topic: Arbitration, International arbitration, Court
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  • Published : March 17, 2013
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International Commercial Arbitration

“Whether Role of National Court Undermine International Arbitration”

Final Draft for IXth semester submitted to the Asst. Proff. of Law, Mr. P. Kundu, Dr. Ram Manohar Lohiya National Law University, Lucknow, In Partial Fulfillment of the requirements for the B.A. LL.B.(Hons.)Course 2012-2013.

2012
Arpit Shrivastava
Roll No.: 29

International Commercial Arbitration

“Whether Role of National Court Undermine International Arbitration”

Final Draft for IXth semester submitted to the Asst. Proff. of Law, Mr. P. Kundu, Dr. Ram Manohar Lohiya National Law University, Lucknow, In Partial Fulfillment of the requirements for the B.A. LL.B.(Hons.)Course 2012-2013.

2012
Arpit Shrivastava
Roll No.: 29

-: ACKNOWLEDGEMENT :-
Writing of every project work requires considerable amount of determination and a lot of hard working. In this project the same thing has gone. I have put in all the possible effort to give it a good shape. This kind of project writing requires blessings of God, Elders and Friends. So I would first like to thank Mr. P Kundu who gave me this wonderful topic as a project. I thank him a lot. I would also like to thank the librarians who provided me the books and articles as and when I wanted and renewed them on my request. In the end I would also thank my friends and my parents who encouraged and appreciated me which worked as a divine force in completing this work. Without the help of all the above persons, this project would not have been possible. I once again thank all of the above.

Thanking everyone,

Table of Contents
Acknowledgement……………………………………………………….Page 2 Introduction……………………………………………………………...Page 4 Characteristics of International Arbitration………………………….Page 5 Forms of Court Involvement…………………………………………....Page 6 Stages of Court Involvement…………………………………………...Page 8 Position in Different Countries…………………………………………Page 10 Conclusion………………………………………………………………..Page 14 Bibliography……………………………………………………………...Page 15

1. Introduction: International arbitration has become one of the effective means of dispute resolution. Basically, in arbitration, parties to a dispute agree to resolve the dispute using private means rather than resorting to public courts. Submitting disputes arising out of international commerce, trade or investment to arbitration has become attractive, for various reasons, including the privacy of the arbitral proceedings, the control of the process by the parties to the dispute and the expertise of arbitrators. Arbitration as a private judicial process has been through an evolution, to its modern status. It had to free itself from the control and strict supervisory powers of national courts, which traditionally had the mandate to administer justice. In recent times, most states have enacted legislations that seek to restrict interferences of the courts in arbitration proceedings. However, arbitration by its private nature has to rely on the support of national courts, for appropriate orders and enforcement of its decisions. National court involvement in international Commercial arbitration is a fact of life as prevalent as the weather. 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. The Project will survey the different stages of national court involvement in the international arbitration process and the forms of court involvement. For the purpose of this project, court’s involvement at interim measures, anti-suit injunction and anti-arbitration is...
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