An Analysis of National Courts Involvement in International Commercial Arbitration; Can International Commercial Arbitration Be Effective without National Courts?

Abstract

Globalisation has prompted the countries of the world to seek effective and efficient methods of dispute resolution which has led to the importance and widespread acceptance of arbitration as a preferred means of dispute resolution without the involvement of the National courts, however, this paper will show that the national courts are involved in the process of arbitration from commencement to recognition and enforcement of the arbitral awards. The purpose of this paper is to propose an appellate arbitral tribunal which will guarantee the independence of the arbitral process from the supervision and strict control of the national courts which is traditionally mandated to administer justice. This research paper aims to examine how national courts have interfered with the process of arbitration and whether arbitration can be effective on its own through an appellate arbitral tribunal. The effect of this study which proposes an appellate arbitral tribunal will, if implemented, will reinforce the confidence of states in the fast effective and final process of dispute resolution through arbitration.