Developments on Courts Involvement in Arbitration

Arbitration is one form of alternative dispute resolution (ADR). It must be taken into account that ADR was envisioned as an alternative to litigation, with its own manifest of substantive and procedural characteristics. To that extent, arbitration enhances access to justice by permitting claimants to bring claims they could not afford to bring to court. International commercial arbitration is a legally binding dispute resolution process that substitutes for domestic courts. Arbitration began as an extrajudicial mechanism for resolving disputes. Arbitration took its rise in the very infancy of Society as a private and self-contained method, distinctive from litigation and not as a postscript to the development of public courts. Has this fact been shared by state legislation and modern arbitration practice or has arbitration been developed into an appendage of the courts Merchants established arbitration tribunals because they felt that the courts were not sufficiently knowledgeable about commercial customs and were exceptionally slow and unwieldy. National arbitration, international commercial arbitration, and investor-state arbitration have developed on parallel but separate tracks, each reacting to different political, economic, and social settings. Although arbitration is a quasi-judicial proceeding, it is not conducted with the same degree of formality as a judicial proceeding within the United States which means that the spirit of arbitration is the parties freedom from the strict structure of ordinary judicial proceedings. Arbitration has to guarantee legal certainty, predictability, and settlement being costless. The emergence of many non-independent arbitral tribunals creates a Gordian knot by merely adding more work for courts in order to deal with so many requests for intervention in arbitrations. The current perplexing between arbitration and courts causes only confusion, profit chances for many people and less quick and cheap justice