RELATIONSHIP BETWEEN NATIONAL COURTS AND THE COMERCIAL ARBITRATON PROCEDURES 

The relationship between national courts and commercial arbitration procedures has been a topic of much discussion and debate in the legal community. Commercial arbitration is a form of alternative dispute resolution where parties agree to submit their dispute to a neutral third party, known as an arbitrator, who makes a binding decision. National courts, on the other hand, are the judicial bodies of a country responsible for interpreting and enforcing the law.

The relationship between national courts and commercial arbitration procedures can be complex, and it is often influenced by various factors such as the jurisdiction, legal traditions, and the specific laws governing arbitration. In general, national courts play a critical role in supporting and enforcing the arbitration process.

One of the primary ways in which national courts support commercial arbitration is through the recognition and enforcement of arbitral awards. An arbitral award is a decision made by an arbitrator that is legally binding and enforceable. National courts play a critical role in enforcing these awards, ensuring that the parties comply with the decision made by the arbitrator.

National courts also play a role in the appointment of arbitrators. In some cases, the parties may be unable to agree on an arbitrator, and national courts may be called upon to appoint an arbitrator on their behalf.

In addition, national courts may be called upon to intervene in the arbitration process in certain circumstances. For example, a national court may be asked to determine the validity of an arbitration agreement or to provide interim relief to the parties during the arbitration process.

Despite the important role that national courts play in supporting and enforcing commercial arbitration, there can also be challenges in their relationship. In some cases, national courts may be reluctant to enforce arbitral awards or may interpret the law in a way that conflicts with the arbitration process. This can result in delays and increased costs for the parties involved.

Overall, the relationship between national courts and commercial arbitration procedures is critical to the effective functioning of the arbitration process. By working together, national courts and arbitration tribunals can ensure that disputes are resolved fairly and efficiently, providing a critical tool for businesses and individuals to resolve their disputes outside of court.