LAW

International Alternative Dispute Resolution

[Name of the institute]

International Alternative Dispute Resolution

Introduction

The link between the arbitral tribunals and the national courts dangles in-between true partnership and forced cohabitation. One could observe the dependency of the arbitration that is fundamentally supported by the courts which solely have the authority to save the entire system when one of the group searches for ways to harm it. A senior and former English judge stated that:

“There is plainly a tension here. On the one hand the concept of arbitration as a consensual process reinforced by the ideas of transnational ism leans against the involvement of the mechanisms of state through the medium of a municipal court. On the other side there is the plain fact, palatable or not, that it is only a Court possessing coercive powers which could rescue the arbitration if it is in danger of foundering”.

Discussion

The Group Who Comes In an Agreement Referring a Dispute towards the Selected Arbitration

This scenario and also a system of justice that is privately governed have given rise to the matters related to the public policy. For example in some of the states, focus is given only on those issues that comes under the own law of the states as 'commercial' which may be referred to arbitration. That state that does not enforce such kind of limitations will eventually confine arbitration to disagreements that is regarded by the State as to be settled on legal basis by arbitration, which means those disputes that are arbitrable in nature. On the other hand, as it has been observed, the perception of what is not and what is in 'arbitrable' may vary from one country to any other country and also from one time period to another time period.

The limitations of the arbitration is prescribed and also forced to be implemented by their courts system. Some other kind of boundaries are also determined that are upon the process of arbitration even when, for example, the power is in the hand of arbitrators to force the attendance made by the witnesses and documents disclosure and beside this, the most important part is to whether it is possible or not, to apply for an appeal within the national court and if it is possible then when and how and upon what type of conditions and terms.

So far as the relationship is discussed in-between the arbitral tribunals and national courts and is said to be a kind of 'partnership', this partnership is of equal in nature. The process of arbitration can also rely upon the level of agreement that is made in-between the parties, but it is built upon a system of law that relies upon the concept of that particular law which makes it more useful both internationally and nationally. It is also possible that national courts could survive without the implementation of arbitration but same could not be said for arbitration as it cannot survive without the system of courts. The core issue is to explain the point of view ...