ABSTRACT
This chapter describes what arbitration is, its essential characteristics and how it differs from other forms of dispute resolution. It also describes the basic legal infrastructure of international arbitration and the role that state courts play in support of arbitration. Arbitration may be described in general terms as a consensual, private process for the submission of a dispute for a decision of a tribunal, comprising one or more independent third persons. In addition to court and arbitration proceedings, there are many alternative dispute resolution processes, referred to collectively by “ADR”. These ADR may be divided into those which require the third person to make a binding decision and those which do not, such as mediation. The NewYork Convention recognises that the definition of “commercial” is left to the national law of the relevant state. Although the state courts should not intervene in the arbitral process, they have an important role in supporting arbitration and are frequently called upon to do so.
