Symbiosis or Sadomasochism? The relationship between the courts and arbitration

摘要

Drawing the threads together, I hope to have shown how the relationship between the courts and arbitration is principally one of symbiosis. There is good reason to think that English law is one of the most pro-arbitration jurisdictions in the world; further, that this is certain to continue, and possibly even increase, in the future. Yet, at the same time, there are a few blemishes in this symbiosis. The courts make life harder for arbitration, and also themselves, if arbitral tribunals feel that they are under the microscope. The courts make things difficult for themselves if they suppress the valuable legal work that is done in arbitration. Thankfully, however, the tools to address these points are mostly provided by the 1996 Act itself. I hope it is not too cliched to say, in a lecture about a relationship, that two-way communication is key.