Abstract:
Though model law on international commercial arbitration of the United Nations Commission on International Trade Law and arbitration laws in many countries grant to parties freedom to agree on arbitral proceedings. However, the concept of private dispute resolution without court assistance is unattainable. This is because, arbitrators, with their private status, do not have any power to enforce parties, other persons or an award. Therefore, courts of law, as a public institution which exercise public function, must take their supporting role in arbitral proceedings, e.g. ordering interim measures to protect interests of parties, deciding powers of arbitrators, supporting examination of evidence, issuing preliminary point of law, appointing or removing arbitrators and enforcing arbitral award. Furthermore, courts of law may take part in arbitration by reviewing arbitral proceedings or arbitral award which may leads to setting aside of arbitral award. Powers of court are then crucial factors to support arbitral proceedings. However, role of court of justice in supporting arbitral proceedings should be limited only in necessary matters which arbitrators cannot exercise their function to enforce or proceed arbitral procedure. In other words, court of justice should not intervene or disrupt arbitral proceedings beyond necessity, in order to respect the will of parties, which is to settle their disputes by arbitration.