Commentary

42 Scope of the courts’ powers in relation to arbitration proceedings

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

42 Scope of the courts’ powers in relation to arbitration proceedings

| Commentary

5: POWERS OF THE COURT

42 Scope of the courts’ powers in relation to arbitration proceedings

Most arbitrations seated in England and Wales or Northern Ireland are conducted without the need for the involvement of the courts. However, sometimes the support of the courts is essential in order to safeguard a party’s rights. The courts may be called upon1:

  1. 42.1

        to stay court proceedings brought before them in breach of an arbitration agreement;

  2. 42.2

        to reinforce a peremptory order made by the tribunal in circumstances where the relevant party has refused to comply; or

  3. 42.3

        to grant

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