Court Intervention in Arbitration Process Assignment
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Added on 2021-05-31
Court Intervention in Arbitration Process Assignment
Added on 2021-05-31
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Running Head: COURT INTERVENTION IN ARBITRATION PROCESS1Court Intervention in Arbitration Process to assist Enforcement of ArbitratorsStudent’s NameInstitutional Affiliations
COURT INTERVENTION IN ARBITRATION PROCESS2Court Intervention in Arbitration Process to Assist Enforcement of ArbitratorsAn arbitration is basically the non-judicial process of settling a dispute wherein an arbitrator(an independent third party) makes a binding decision which carters for every person need. The arbitration process is suitable because it is inclined to address the needs of the parties, the arbitrators can be selected for their expertise, its confidentiality, cheaper than a court proceeding, there exist restricted grounds of appeal and the awards of arbitration are enforceable by the court implying they are done formally. There are various situations where court intervenes before the reference to arbitration, during the arbitration process of a petroleum-related dispute and after thearbitration process. Before the beginning of the arbitration the court can intervene in two circumstances: to stay on legal proceedings, court can indirectly direct an arbitration after the application of a party to an arbitration agreement; interim protection measures where the courts own power to in relation to interim orders purposely for maintaining the status quo not known and during arbitration; and if the party requesting of the legal proceedings goes to court in the manner outlined under rule 2 of the Arbitration Rules of 1997, this is according the Kenyan laws(Shapiro, 1968).The court can intervene in extending the powers of the court (Park, 1997). The section 44 ofthe Arbitration Act 1996 bestows power upon the court to give interim injunctive relief to offer protection of an arbitration. This section has critical jurisdictional restrictions and limits any appeal rights to the case in which the judge himself has offered an authority permission to appeal.In the case of SABMiller Africa v East African Breweries Ltd [2010] EWCA Civ 1564 the question was in the parties initially had an agreement extended by the power of the court as provided under section 44 and in case they had, was that extension permissible or not? An application of section 44 what witnessed in the case of Petroleum Investment Company Ltd v
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