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Chapter 12 - The Role Of State Courts In Aiding Arbitration - International Arbitration Law And Practice, Third Edition

Author(s): 
Mauro Rubino-Sammartano
Page Count: 
70 pages
Media Description: 
1 PDF Download
Published: 
January, 2014
Practice Areas: 
Judicial Assistance in Procedural Matters,
Anti-Suit Injunctions,
Judicial Granting of Interim Relief,
Judicial Consolidation of Arbitral Proceedings,
Jurisdiction and Powers of the Courts in Matters of Arbitration Generally,
Review on the Merits,
Proceedings to Determine or Modify Arbitration Agreement
Tags: 
Forum Non Conveniens,
Comity,
Forum Neccessitatis
Author Detail: 

Mauro Rubino-Sammartano is a Partner at LawFed-BRSA.  Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.

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Description: 

Originally from International Arbitration Law and Practice, Third Edition

The relationship between the Courts and the arbitrator was summed up by Goldman as follows:1

“The complementarity of the action of the Courts and of the arbitrators is a well-established fact . . . in the roles which are attributed to each of them to achieve the common purpose, the efficacy of international commercial arbitration.”

Their complementary powers cover the pre arbitration phase, as well as the arbitral proceedings and eventually the post arbitration phase.

PRIMARY AND SECONDARY JURISDICTION

12.1. Primary and Secondary Jurisdiction

When determining the jurisdiction to make an award a distinction is made between primary and secondary jurisdiction. Primary jurisdiction is the term given to denote the jurisdiction of the state courts of the place of arbitration. Comparable primacy is given to the procedural law under which the award was made, as was affirmed by the court in Bridas.2

Table of Contents: 

CHAPTER 12: THE ROLE OF STATE COURTS IN AIDING ARBITRATION

Primary and Secondary Jurisdiction
12.1 Primary and Secondary Jurisdiction
12.2 Subject Matter Jurisdiction and Personal Jurisdiction of State Courts

Forum Non Conveniens
12.3 Forum Non Conveniens

Forum Necessitatis
12.4 Forum Necessitatis

Comity of Nations
12.5 Comity of Nations

The “Judge d’Appui”
12.6 The “Juge d’Appui” (State Courts Statutory Intervention to Solve Problems During Arbitration)

Appointment and Challenges of Arbitrators
12.7 Appointment of Arbitrators
12.8 Challenge and Removal of Arbitrators

Motion to Compel Arbitration
12.9 Motion to Compel Submission of the Dispute to Arbitration

Anti-Suit Injunctions
12.10 Anti-Suit and Anti-Arbitration Injunction

As to Arbitration Agreements
12.11 Rulings by State Court or Arbitrators on the Arbitration Agreement 

As to Evidence
12.12 Intervention During Evidence

Consolidation
12.13 Consolidation of Proceedings

As to Time Limits
12.14 Extension of Contractual Time Limits

Filing of the Award
12.15 Filing of the Award

Nature of the Award
12.16 Final or Binding Nature of the Award

Interlocutory Injunctions
12.17 Interlocutory Injunctions

Aid Not Interference
12.18 Aid Not Interference

The Various Motions
12.19 Contempt of Court
12.20 Motions

As to a Review of the Merits
12.21 Whether to Review the Merits of the Award

As to Security of Costs
12.22 Orders in Respect of Security for Costs

Coordination between Proceedings
12.23 Coordination between Court and Arbitral Proceedings