What Are The Tools To Aid The Arbitral Process To Combat The Undesirable Effects Of Parallel Litigation?

The fundamental aspect of arbitration as an alternative dispute resolution mechanism is that despite parties' consent to exclude the intervention of courts to resolve their disputes, nevertheless, arbitration remains heavily reliant on the judicial system to function. This is seen both (i) during the arbitral proceedings when interim measures are applied for by the parties generally before their national courts and, (ii) at the enforcement stage i.e. when the winning party needs the court's assistance to enforce the arbitral award.

Of particular importance is the intervention of the courts in aid of arbitration when one of the parties to the arbitral process is either (i) endeavouring to avoid the application of the arbitration agreement to settle disputes by arbitration and instead lodge proceedings before a court (i.e. lis pendens) or (ii) endeavouring to ensure that the other party to the arbitral proceedings ceases its litigation process before a court in