Publication Type
Journal Article
Version
submittedVersion
Publication Date
4-2020
Abstract
In recent years, five recurring problems regarding the relationship between courts and tribunals have gained prominence due to case law developments. These run the gamut from preliminary issues with the arbitration agreement to disputes at the enforcement stage. This article examines these problems in detail, with a view to shed new light on the question of what it means for a jurisdiction to be “pro-arbitration”. The authors argue that the oft-repeated binary categorisation of “pro-arbitration” and “anti-arbitration” jurisdictions is too broad-brush. Instead, there is no easy answer to what constitutes a truly “pro-arbitration” approach, and no one-size-fits-all approach to being a “pro-arbitration” jurisdiction.
Discipline
Dispute Resolution and Arbitration | International Law
Research Areas
Asian and Comparative Legal Systems
Publication
Indian Journal of Arbitration Law
Volume
8
Issue
2
First Page
19
Last Page
47
ISSN
2320-2823
Publisher
National Law University
Citation
NG, Iris; NG, Melissa; SOH, Andre; and CHEN, Siyuan.
Five recurring problems in international arbitration: The relationship between courts and arbitral tribunals. (2020). Indian Journal of Arbitration Law. 8, (2), 19-47.
Available at: https://ink.library.smu.edu.sg/sol_research/3111
Creative Commons License
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