M.A. Thesis:

The role of domestic courts in international arbitration

Involvement of courts in arbitration not only does not detract from the course of arbitration, it can also have a supportive aspect. Nevertheless, the intervention of the court should be subject to a specific framework and scope in order to prevent the parties from referring the matter to arbitration, which is the creation of a private authority and the lack of involvement of the judicial authorities in the subject matter of the dispute. Courts play a role in the pre-arbitration phase, in the course of arbitration and after the issuance of a ballot. The reasons for the growth and development of arbitration in order to resolve international trade disputes can be found in the benefits of this method to other methods of resolving legal disputes. Most of these benefits include: reducing costs and time of adjudication, confidentiality of the arbitration process, the absence of referrals to national courts, the certainty and binding nature of the arbitration, and the possibility of relatively simple identification and implementation of these votes. Therefore, the parties to the dispute, if they choose the arbitration method, will enjoy these benefits to resolve their differences, which has led to an ever-increasing expansion of this dispute resolution process. Of course, it should not be forgotten that this method, along with its merits, has some disadvantages such as shakiness, recognition of a verdict, refusal by domestic courts, and so on. In our country, with the acceptance of this arbitration procedure, the arbitral practice of commercial arbitration is used in an incremental manner.

Keywords: domestic courts, arbitration, international trade