from Part VIII - Role of State Courts in Arbitration
Published online by Cambridge University Press: 18 February 2023
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.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.