Effects of Judgments relating to Arbitral Awards on Subsequent Court Proceedings

Although arbitration and national courts are thought to be independent from each other at first sight, upon closer inspection it is evident that they are inextricably linked. National courts render different types of judgments at the post-award stage and surely these judgments related to arbitral awards have various effects on subsequent court proceedings. The research will examine what kind of approach should be adopted regarding the effects of judgments pertaining to arbitral awards on subsequent court proceedings. In the first part of the research, different types of judgments related to arbitral awards and their functions will be explained. These judgments will be divided in to three main categories: judgments confirming that an arbitral award is valid and binding, judgments on the recognition and enforcement of an arbitral award, and judgments setting aside an arbitral award. In the second part of the research, disparate approaches put forward by scholars and adopted by courts from various jurisdictions in practice will be scrutinized. In the last part of the research, the approaches explained in the second part will be evaluated by considering the dynamics of the law of international arbitration and private international law and criticisms directed towards those different approaches.