A Comparative Study on the Extent of Pre -Arbitration Intervention by Courts

Abstract

Every country will have to address this and decide the parameters of court enquiry into such jurisdictional objections. International conventions only provide a limited guidance leaving it to individual countries. Every jurisdiction has to find an optimal balance between the interests of efficacy and legitimacy of arbitral procedure. Courts should be competent to rule on its own jurisdiction which would include existence, validity and applicability of agreement to arbitration.