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Article 5 - Extent of Court Intervention

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

Article 5 of the Model Law embodies the premise that the effectiveness of the arbitral process is owed – at least in part – to the coercive authority of state courts. The current text of article 5 was adopted in 1985 and was left untouched by the 2006 amendments. Despite its limited scope, court intervention has the potential of preventing and remedying injustices or abuses – either by the parties or the arbitral tribunal – that might occur at the outset of the arbitration or during the proceedings. Furthermore, judicial intervention is precisely what ensures the effectiveness of the decisions made by the arbitral tribunal and gives practical meaning to the parties’ decision to prefer international arbitration over other forms of dispute resolution.

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Publisher: Cambridge University Press
Print publication year: 2020

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