Summary

There exists a growing corpus of arbitral case law that witnesses arbitral tribunals continuing with their proceedings and rendering awards notwithstanding injunctions issued by the courts of the place of arbitration enjoining their proceedings. These cases make for provocative reading. On the theoretical level, they raise fundamental questions as to the legal basis of an international arbitration. On the practical level, they often involve arbitral tribunals using great ingenuity to push their autonomy to the limit. This note is divided into two parts. First, we ...