Court Involvement in arbitral proceedings

Rashda Rana, Michelle Sanson

    Research output: Chapter in Book / Conference PaperChapter

    Abstract

    Because arbitration is a form of alternative dispute resolution, it is expected that courts do not interfere in arbitration; this is the principle of judicial non-interference. It is a necessary corollary of the principle of party autonomy: parties to international commercial contracts have the freedom to determine not only the specific terms and conditions of contract, but also the law that applies to the contract, the method by which disputes arising under the contract are to be resolved, the procedure to be followed, and the place in which any hearings are to be heard, before whom, and whether the decision should be final or whether there should be a right of appeal to a court.
    Original languageEnglish
    Title of host publicationInternational Commercial Arbitration
    EditorsRashda Rana, Michelle Sanson
    Place of PublicationRozelle, N.S.W.
    PublisherThomson Lawbook Co.
    Pages241-267
    Number of pages27
    ISBN (Print)9780455228242
    Publication statusPublished - 2011

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