For a long time, the national laws of a number of jurisdictions did not allow arbitration to be considered as equivalent to court litigation, by imposing a narrow scope for the arbitrability of disputes, specifically reserving matters for the State courts (e.g. interim measures) or simply by allowing local courts to adopt an interventionist approach. Even to date, some parties and counsel would instinctively prefer to turn to the courts to seek assistance when facing some procedural difficulties in arbitration. However, modern arbitration laws and best practices in international arbitration tend to change this situation drastically by enabling the parties, arbitrators and arbitral institutions to have wide autonomy in the conduct and administration of arbitration proceedings, whilst limiting the intervention of State courts to a minimum.

This UIA Seminar in Amsterdam will be a unique opportunity for the participants to hear leading and widely experienced arbitration practitioners (including practicing lawyers, professors and judges) make a detailed assessment of the relationship between arbitration and the court system: should arbitration be caught by EU regulations on jurisdiction and enforcement? What room may or must be left to the courts in certain areas (arbitrability, lis pendens, consolidation of proceedings, interim measures)? Should court intervention be seen as a form of assistance and/or interference? What can be expected from a court review at the stage of setting aside proceedings against an award or enforcement of an award abroad?

Most topics will be addressed in a comparative law perspective and will be of interest for lawyers from all jurisdictions. Some speakers will also discuss the situation in the Netherlands and describe what may change in the courts’ approach and powers in the future, in view of the forthcoming arbitration law reform.