Friday, 15 September 2017

How does a Court give effect to arbitration agreements?

1. Where one party wants to institute arbitration and another one is uncooperative, Court may pass order compelling arbitration.

2. Where litigation is initiated over a claim falling within the scope of arbitration agreement, Court may dismiss the suit on grounds of lack of jurisdiction.

3. Depending on the law at the seat, the Court may have powers to support the tribunal - witnesses, documents, opinions. Courts where parties or witnesses are located may make orders. One needs to look at local legislation. 

4. Courts will enforce Awards. The New York Convention 1958 enables Courts to enforce foreign Awards in almost every country that matters.

5. Courts have setting aside powers within their jurisdictions. Courts can determine the jurisdiction of arbitrators.

Point no. 3, 4, 5 has been contributed by Mr. Geoffrey Beresford Hartwell, an arbitrator based in United Kingdom. 

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