Judicial Involvement in Arbitration

Judicial Involvement in Arbitration is an important book showing that the intersection of arbitration and judiciary exists at a broader and deeper level that clearly reveals the interdependence of private and State justice. While the role of State courts in the arbitration process is largely acknowledged, the attention of legal scholarship has been restricted primarily to the power of courts to review arbitral awards. Yet the relationship between arbitral tribunals and State courts is a nuanced and ambivalent one—oscillating between assistance and control—which warrants close examination. The author examines this relationship and clarifies the legal issues surrounding the involvement of courts in the arbitration process, with a particular emphasis on jurisdiction.

The analysis and presentation focus on Switzerland—as a neutral, efficient, speedy, and arbitration-friendly venue—using this jurisdiction to illustrate the relevant issues in a comparative international context.

Among the numerous issues and topics raised are the following:

- both the assistance and control functions of courts during the arbitration process;
- key instances of judicial involvement, from pre-award stages (constitution of the tribunal, interim measures, evidence taking) through to post-award proceedings (annulment, revision, recognition and enforcement);
- jurisdictional issues at the interface between arbitration and litigation;
- risks connected with concurrent proceedings; and
- timing of judicial intervention.

Also incorporated is an original empirical study comparing the time taken by Swiss State courts and Swiss-seated arbitral tribunals to resolve jurisdictional disputes.

As a comprehensive analysis of the relationship between arbitral tribunals and State courts and a systematic overview of jurisdictional issues at the interface between arbitration and litigation, this book provides a valuable overview of situations in which the question of arbitral jurisdiction may arise and how conflicts between court and arbitral decisions may be managed. It enables arbitration practitioners and in-house counsel to develop effective case strategies with a clear understanding of when and how State courts may intervene in the arbitration process. In addition, it offers policymakers and academics a rigorous theoretical framework for analyzing and redefining the role of courts in arbitration matters and the timing of court intervention.