Two examples of Interaction between State Courts and Arbitration: Ruling on the Competence of an Arbitral Tribunal to Adjudicate and Injunctive Relief in Arbitral Proceedings
pages 137 - 158
ABSTRACT:

Although international arbitration has achieved a substantial level of independence from state courts, the role of such courts is still important for effectiveness of arbitral proceedings. Interactions between state courts and arbitral tribunals may be particularly intensive in those areas in which tribunals and state courts have parallel or concurrent competence in the course of arbitration. State courts play an important part in the examination of the jurisdiction of the arbitral tribunal in a given case. Such an examination may take place before initiation of arbitration if the other party raises a charge of arbitration agreement in separate proceedings, or during arbitration itself when the state courts can control the decision of the arbitral tribunal on its jurisdiction. The state court’s decision that arbitration is the proper forum for hearing parties’ dispute is binding both on the arbitral tribunal and the parties themselves. It is also binding on the state courts in post-arbitration proceedings as far as these may concern the circumstances which the court examined when it referred the parties to arbitration. Various interactions between state courts and arbitral tribunal may take place in the course of deciding on temporary relief (formally known as the securing of claims).

keywords
Arbitrability
arbitral tribunal
arbitration
arbitration law
interim measures
interim relief
jurisdiction
jurisdiction provisions
litigation
model law
national courts
New York Convention
preliminary rulings
state courts
UNCITRAL Model Law
about the authors

Professor Andrzej Kubas is an attorney, a former lecturer at Jagiellonian University of Kraków and the former head of the Chair of Civil Law. He is presently the Senior Partner at the Polish law firm of KKG Kubas, Kos, Gaertner. He is an expert in civil and commercial law, international commercial arbitration and litigation. Professor Kubas has also acted as arbitrator in numerous domestic and international proceedings. Formerly, he was a member of the Legislative Council of the Prime Minister of the Republic of Poland and vice-president of the Polish Bar Association. He is also an author of many books and articles.

e-mail: andrzej.kubas@kkg.pl

Agnieszka Trzaska is an attorney at law at the Polish law firm of Kubas Kos Gałkowski – Adwokaci. She has experience in international commercial arbitration and economic matters, including disputes between company shareholders. Ms. Trzaska has extensive experience in the preparation of opinions in the scope of civil law and commercial law. She has participated in projects related to bankruptcy proceedings and she has also worked on the team ensuring the provision of comprehensive legal services for one of the leading banks in Poland.

Email: agnieszka.trzaska@kkg.pl