Critically analyse whether courts too readily intervene in the Research Paper

Critically analyse whether courts too readily intervene in the international commercial arbitration process, so that party autonomy is qualified - Research Paper Example that they want to settle their matter in way that is alternative to the courts, and, by agreeing to an arbitration clause, the parties have explicitly rejected the courts jurisdiction. This can occur for any number of reasons, including the unacceptability, unsuitability and the inappropriateness of the court. Whatever the reason, arbitration clauses make clear the parties intent, and this intent is to not litigate their dispute. 3 The arbitral tribunal has the responsibility in disposing of all matters that are subject to dispute.4 Therefore, court intervention in these matters is potentially problematic, and can even be said to be contrary to the parties intentions. Yet, courts routinely get involved in matters that are set to be resolved by arbitration. Although there are some advantages to court intervention, there are significant disadvantages as well. For one, court intervention introduces the complications that arbitration is designed to avoid – it makes arbitration expensive, lengthy, and less efficient. Arbitration challenges â€Å"result in parallel proceedings, create potentially lengthy appeals, and require parties to retain local counsel at the seat of arbitration.†5 Moreover, according to at least one commentator, court intervention is usually only seen when emotions are high,6 which means that court intervention would tend to have even more of a deleterious affect on arbitration proceedings. There are a variety of reasons why courts get involved, and the forms of court involved are also varied. At base, courts cannot be completely excluded from the arbitration process because they are required to enforce arbitration agreements and awards, and need to police and support the arbitration process with international standards.7 The power that the courts have in the arbitration process may be categorised as powers of assistance, powers of intervention, powers of supervision or control, and powers of recognition and enforcement.8 The courts