Judicial Involvement in Arbitration: Arbitral Tribunals, State Courts, and Jurisdictional Issues

Authors

Nicolas Curchod

ISBN: 9789403557304

Published: August 2026

Format: Hardcover

Language: English

Publisher: Kluwer Law International

Availability: Low stock at the supplier.

Description

Judicial Involvement in Arbitration shows that the intersection of arbitration and the judiciary exists at a broader and deeper level than is usually recognised, revealing the interdependence of private and State justice. While the role of State courts in arbitration is widely acknowledged, scholarship has focused mainly on the power of courts to review arbitral awards. The relationship between arbitral tribunals and State courts is nuanced and ambivalent, oscillating between assistance and control. The author clarifies the legal issues surrounding court involvement in the arbitration process, with particular emphasis on jurisdiction.

Key Features

• Uses Switzerland, a neutral, efficient and arbitration-friendly venue, to illustrate the issues in a comparative international context
• Analyses both the assistance and control functions of courts, from pre-award stages (constitution of the tribunal, interim measures, evidence taking) to post-award proceedings (annulment, revision, recognition and enforcement)
• Examines jurisdictional issues at the interface between arbitration and litigation, risks of concurrent proceedings, and the timing of judicial intervention
• Includes an original empirical study comparing the time taken by Swiss State courts and Swiss-seated arbitral tribunals to resolve jurisdictional disputes

Coverage

Part I covers arbitration and State courts: arbitration in Switzerland, the essence of judicial involvement, intervening State courts, key questions on court involvement and instances of judicial involvement under Swiss law. Part II covers jurisdictional issues: situations in which arbitral jurisdiction may be questioned, the timing of judicial intervention, and the interrelations between arbitral and court proceedings. Practical uses include case strategy on parallel proceedings and managing conflicts between court and arbitral decisions.

About the Authors

Nicolas Curchod is the author of this study.

Table of Contents

Introduction. Part I. Arbitration and State Courts: 1. Arbitration in Switzerland; 2. The Essence of Judicial Involvement in Arbitration; 3. Intervening State Courts; 4. Key Questions Relating to Court Involvement; 5. Instances of Judicial Involvement under Swiss Law; Conclusion to Part I. Part II. Jurisdictional Issues: 6. Overview; 7. Overview of Situations in Which the Question of Arbitral Jurisdiction May Arise; 8. Timing of Judicial Intervention; 9. Interrelations Between Arbitral Proceedings and Court Proceedings; Conclusion to Part II. Conclusion; Appendices I and II; Bibliography.

Why buy this book?

It enables arbitration practitioners and in-house counsel to build effective case strategies with a clear understanding of when and how State courts may intervene, and gives policymakers and academics a rigorous framework for analysing and redefining the role of courts in arbitration and the timing of court intervention.

Keywords

judicial involvement in arbitration, arbitral jurisdiction, State courts, Swiss arbitration, interim measures, annulment of awards, recognition and enforcement, concurrent proceedings, international arbitration

Target Audience

Lawyers, Arbitrators, In-house counsel, policymakers, Legal Academics

Genre

International Arbitration, Arbitration, Courts and Procedure

Q&A

How do State courts interact with arbitral tribunals?
The relationship oscillates between assistance and control. The book examines both functions, from the constitution of the tribunal and interim measures to annulment, revision, recognition and enforcement.

Why does the book focus on Swiss law?
Switzerland is presented as a neutral, efficient, speedy and arbitration-friendly venue, used to illustrate the relevant issues in a comparative international context.

What does the book say about jurisdictional conflicts between courts and tribunals?
Part II analyses situations in which arbitral jurisdiction may be questioned, the timing of judicial intervention, and how conflicts between court and arbitral decisions may be managed.

Does it include empirical research?
Yes. It incorporates an original empirical study comparing the time taken by Swiss State courts and Swiss-seated arbitral tribunals to resolve jurisdictional disputes.

Who should read it?
Arbitration practitioners and in-house counsel developing case strategy, and policymakers and academics studying the role and timing of court intervention in arbitration.

Where can I buy Judicial Involvement in Arbitration?
You can order it from CLNZ Books at clnzbooks.com. Pay by card or PayPal, or request a quote for institutional invoicing.

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