POWERS OF COURTS IN GRANTING ARBITRAL INTERIM MEASURES IN ENGLAND
Dr. Shadat Ssemakula Mutyab Mohmeded - Independent Review Paper
ABSTRACT
Arbitration is a powerful dispute resolution, in commercial disputes internationally, however, there is a need for municipal courts to support the proceedings if this process is to be internationally recognised due to the nature of the arbitration tribunal and also when orders that are not within the jurisdiction of the tribunal are needed. Indeed without enforcement by courts the process becomes meaningless. There Arbitration Act of 1996, limited the involvement of courts in arbitral proceedings, so its involvement is subject to host reasons. This narrative is supported by UNCITRAL Model Law, ICSID, and theories have been advanced in support of this notion. The main question that is arises is whether the parties may validly agree, in their agreement or elsewhere to exclude the possibility of recourse to courts for the purpose of obtaining provisional measures.
