International arbitration—the role of national courts
International arbitration—the role of national courts

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • International arbitration—the role of national courts
  • General principles on court intervention and the relevance of the UNCITRAL Model Law
  • The scope of the national court’s powers in support of arbitration
  • The appointment, challenge and termination of the mandate of the arbitrator
  • Challenges to the tribunal’s jurisdiction—pre-award
  • Interim measures and emergency relief
  • Anti-suit and anti-arbitration injunctions
  • Timetable and extensions of time
  • The taking of evidence—documents and witnesses
  • Challenges to the arbitral award
  • more

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—arbitration law and practice in England and Wales and News Analysis: Brexit Bulletin—key updates, research tips and resources.

In general terms, national courts tend to play a limited role in relation to international arbitration proceedings or processes. As described in this Practice Note, court intervention is usually kept to a minimum in order to respect the private nature of the dispute resolution mechanism chosen by the parties. The scope of court intervention is usually limited to the following areas:

  1. granting emergency relief at an early stage in the arbitral process, eg to restrain or stay court proceedings brought in breach of the arbitration agreement (either domestically or, in certain circumstances, in other jurisdictions) or to prevent an arbitral tribunal from wrongly assuming jurisdiction over a dispute

  2. providing support for the appointment of the arbitral tribunal

  3. dealing with procedural issues during the arbitration proceedings, eg securing the attendance of witnesses at the hearing of the dispute

  4. deciding challenges to or appeals in respect of awards on the