“A court’s only role in an international arbitration is to facilitate the process. It has no business intervening into a private process unless both parties have agreed that it can do so.” Critically discuss.
Court involvement in an international arbitration is a fact of commercial life. In England and Wales such intervention should always be confined to the extent specified in Part I of the Arbitration Act 1996. In particular, sections 42-45 provide examples of the court’s power to interfere with the process. Even though a court might be allowed to intervene, it can only do so to the degree and under the conditions prescribed therein. Moreover, the parties can agree to exclude the power of the court under these provisions altogether, with the exception of section 43 which enables the court to require the attendance of a witness in order to give oral testimony or to produce documents or other material evidence. These provisions are intended to supply the court with tools to facilitate the alternative dispute resolution mechanism selected by the parties. Nonetheless, a party to arbitration may challenge the award issued by the tribunal in a court of law in accordance with
