Two Examples of Interaction between State Courts and Arbitration: Ruling on the Competence of an Arbitral Tribunal to Adjudicate and Injunctive Relief in Arbitral Proceedings - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s): 

Andrzej Kubas

Agnieszka Trzaska

Page Count: 

22 pages

Media Description: 

1 PDF Download

Published: 

March, 2015

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Originally from Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

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Abstract | Although international arbitration has

achieved a substantial level of independence from state

courts, the role of such courts is still important for

effectiveness of arbitral proceedings. Interactions

between state courts and arbitral tribunals may be

particularly intensive in those areas in which tribunals

and state courts have parallel or concurrent

competence in the course of arbitration. State courts

play an important part in the examination of the

jurisdiction of the arbitral tribunal in a given case.

Such an examination may take place before initiation

of arbitration if the other party raises a charge of

arbitration agreement in separate proceedings, or

during arbitration itself when the state courts can

control the decision of the arbitral tribunal on its

jurisdiction. The state court’s decision that arbitration

is the proper forum for hearing parties’ dispute is

binding both on the arbitral tribunal and the parties

themselves. It is also binding on the state courts in

post-arbitration proceedings as far as these may

concern the circumstances which the court examined

when it referred the parties to arbitration. Various

interactions between state courts and arbitral tribunal

may take place in the course of deciding on temporary
relief (formally known as the securing of claims).