Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- 42 Role of State Courts in Supporting Arbitration
- 43 Role of State Courts in Controlling Arbitration
- 44 Interim Relief by State Courts
- 45 Control of the Courts by Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
45 - Control of the Courts by Arbitration
from Part VIII - Role of State Courts in Arbitration
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- 42 Role of State Courts in Supporting Arbitration
- 43 Role of State Courts in Controlling Arbitration
- 44 Interim Relief by State Courts
- 45 Control of the Courts by Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
This Chapter provides an overview of the two broad types of control that arbitral tribunals exercise over proceedings in state courts. First, in both international commercial arbitration and investment treaty arbitration, arbitral tribunals may exercise indirect control over state courts through their jurisdiction over the parties before them as part of their inherent power to protect the integrity of the arbitral proceedings. They do so through the issuance of provisional measures, typically in the form of anti-suit injunctions. In this context, investment treaty tribunals have the additional power to issue measures addressed directly to the host state courts. Second, and uniquely to tribunals established pursuant to investment treaties, the activities of the judiciary may come within the exercise of principal jurisdiction by the arbitral tribunal. Under investment treaties, the tribunal may be seized with a claim for international responsibility arising out of measures taken by a state’s courts which can be broadly organised into two categories: expropriatory and non-expropriatory claims as a result of the improper administration of justice.
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- Publisher: Cambridge University PressPrint publication year: 2023