Court Intervention in Support of Arbitration: A Classic Case
Article from: TDM 3 (2005), in Arbitration - General Issues
When should a Court intervene or not intervene in an arbitration? Historically, courts were highly interventionist but, following the New York Convention 1958 and, more particularly, the UNCITRAL Model Law of 1985, it has become widely recognised that courts should intervene in arbitration as little as possible. It is universally accepted (e.g. Article 9 of the Model Law) that the court may intervene to assist an arbitration in circumstances where the tribunal is unable to act e.g. where the tribunal has not yet been constituted and is therefore powerless or where local law ...