Judicial Assistance In Arbitration Essay Example | Topics and Well Written Essays - 2500 words

Judicial Assistance In Arbitration - Essay Example This module provides an overview of the agreement by which the parties who decide to submit their disputes to arbitration. This module also discusses the issue known as "separability of the arbitration agreement" and the related principle known as "Kompetenz-Kompetenz". In general, the arbitration agreement provides the basis for arbitration. It is defined as an agreement to submit present or future disputes to arbitration. This concept comprises two basic types: a) A clause in a contract, by which the parties to a contract undertake to submit to arbitration the disputes that may arise in relation to that contract (arbitration clause); or b) An agreement by which the parties to a dispute that has already arisen submit the dispute to arbitration (submission agreement). The arbitration clause therefore refers to disputes not existing when the agreement is executed. Such disputes, it must be noted, might never arise. That is why the parties may define the subject matter of the arbitration by reference to the relationship out of which it derives. The submission agreement refers to conflicts that have already arisen. Hence, it can include an accurate description of the subject matters to be arbitrated.(1)Arbitration is today most commonly used for the re solution of commercial disputes, particularly in the context of international commercial transactions and sometimes used to enforce credit obligations. It is also used in some countries to resolve other types of disputes, such as labour disputes, consumer disputes or family disputes, and for the resolution of certain disputes between states and between investors and states. ------------------------------------------------------------------------------------------------------------ 1. Dispute settlement, International commercial settlement, Geneva, New York Convention 2005 2 Under English law, the first law on arbitration was the Arbitration Act 1697. The first recorded judicial decision relating to arbitration was in England in 1610(2). The noted Elizabethan English legal scholar Sir Edward Coke refers to an earlier decision dating from the reign of Edward IV (which ended in 1483). The English courts have wide connection with the arbitration. It is true that that the arbitration proceedings are conducted outside the court. Obviously one can say that there can not be any relationship with the proceedings between the court and arbitration tribunal. An arbitration agreement precludes judges from resolving the conflicts that the parties have agreed to submit to arbitration. If one of the parties files a lawsuit in relation to those matters, the other may challenge the court's jurisdiction on the grounds that the jurisdiction of the courts has been waived. Once a conflict has arisen over any of the subjects included in the arbitration agreement, the courts will have no jurisdiction to resolve it unless both parties expressly or tacitly agree to waive the arbitration agreement. But this is always not true. In certain circumstances, a person can seek any sort of judicial assistance in connection with the arbitration not only in civil matters like, labour disputes, consumer disputes, family matters etc. but also in the dispute in international nature, particularly in commercial disputes. Thereby the court enjoys unlimited powers on such proceedings. Now we shall discuss when and where the party can seek the assistance of the Judiciary. Role of Courts in