The Role Of The Courts In International Commercial Arbitration

Arbitration is one of the ways of settling disputes. The criteria of whether it is successful or not is decided by the court to some extent. Not only the issues for the arbitral award, but also for the designation of arbitrators are always need national court intervention .But anyway, this situation was already a long historical tradition. Even though the arbitration and the courts have some serious conflicts before, now arbitration is gradually becoming an independent way of disputes resolution, especially was warmly welcomed by the international and national transaction field. While, during the whole procedure of arbitration, there exists the relationship between national courts and arbitral tribunal. It is very difficult to understand their relations, and we need to get to know that by scrutinizing the relevant legal systems, international conventions and the cases which are very significant.In the time of 70s and 80s of the last century, under the t irreparable trend of development of international economic, arbitration was admitted a lot by different countries all over the world. In the year of 1985, the United Nations Commission on International Trade Law (UNCITRAL) has elaborated a model law on international commercial arbitration. This Model Law enables the international arbitration gain a very excellent jump. Many countries in the world had adopted this Model Law to their national legal regime, wholly or part. In this global background, there come very subtle changes in the theme of the relations between arbitral tribunal and the national courts. This thesis is going to get through the whole process of international commercial arbitration and look into what kind of role the court plays. And then finally the author will disclose what the relationship should be between arbitration and the courts. They cooperated under the cornerstone of arbitration which is the principle of party autonomy. It is very important for us to make is clear, so that we can establish a very efficient regime of dispute resolution in a country. On this basis, the author will suggest Chinese national arbitration law to make some effort in this regard. To respect more on the principle of party autonomy, which is the core concept of international arbitration, the legislative organ should set forth some advanced regulations on the relation between arbitration and the courts, for the sake of enhancing the functions of both of the methods. In this way China will make more and more contributions to the international practice of arbitration.