Judicial Intervention and the role of nationa...

Judicial Intervention and the role of national courts in International Commercial Arbitration

Author Name : Anshita Thakur, Asst. Prof. Dr. Sugandha Passi

ABSTRACT

International arbitrations are essential for settling international business conflicts. The main reason why parties choose international arbitration is so that their disputes can be decided without the need for national courts to get involved. It is obvious that national courts must have a supervisory role in order for international arbitrations to be conducted properly, additionally furnishing with guarantee where thearbitration procedure adheres to the appropriate norms of equity and justice. Although over the  years, it appears that national courts' support for effective arbitrations has become a source of significant worry because these courts often impede rather than encouraging the arbitral process. It is clear that domestically controlled courts frequently abuse their curial and supervision authority, with the victims being parties to international arbitrations.

What level of judicial intervention intend to be licensedis the matter of point in discussion in international commercial arbitration. Through this research, the author emphasizing on crucial components of international commercial arbitration, the doctrines assisting the various intervention of the judiciary in the same and the role of national courts with regard to key abstraction of international commercial arbitration, namely the  agreement of arbitration , the notion of arbitrarily, separability, competence-competence, aiding in extraction  of proof, and court's acknowledgement and imposition of arbitral awards, in absence of that the  arbitration would not be effective.

This paper concludes that the expansion of global trade and investment in resolving various conflicts necessitate the use of effectual international commercial arbitration; however, because arbitration is a exclusive process, participants must seek judicial intervention to compel arbitration agreements and uphold arbitral awards.

Keywords: Arbitration, Commercial, Intervention, Interim Measures, UNCITRAL Model, Jurisdictional , Contractual ,Hybrid , Autonomy , Theory.