International Construction Law Review
THE ROLE OF THE NATIONAL COURTS OF THE SEAT IN INTERNATIONAL ARBITRATION*
Sundaresh Menon**
Chief Justice of the Supreme Court of Singapore
I. INTRODUCTION
Let me first say how pleased I am to be presented with this opportunity to address you at this Conference organised by the Nani Palkhivala Arbitration Centre on the theme of strengthening arbitration in India. It is always a pleasure for me to speak to members of the legal profession in India. I am especially grateful to Mr Arvind Datar, Senior Advocate, who invited me to speak at this event some time ago and then with patience, grace and elegance, attended to a number of requests from my office in order to accommodate my schedule. I am really deeply grateful and delighted that it has all worked out.
The subject of my address today, the Role of the National Courts of the Seat in International Arbitration, was, as mentioned by Mr Datar, something worked out in consultation with him. Given that this conference is inspired in large part by the aspirations of the Indian arbitration community for India to play its part as a key seat for international arbitrations, the choice of topic seemed entirely apt. There can be little doubt today that arbitration has emerged as the preferred mode of resolving transnational commercial disputes. For commercial parties, one of arbitration’s major attractions is the benefit of finality that is assured by the general exclusion of any right of appeal. Coupled with the pro-enforcement policy that is reflected in the New York Convention1 and the Model Law,2 one might fairly conclude that the international arbitration system is designed to facilitate the enforcement of the award once it has been rendered. But the experience of
* A version of this paper was first presented in New Delhi, India on 17 February 2018 as the Keynote Address at the 10th Annual International Conference organised by the Nani Palkhivala Arbitration Centre. Another version has been accepted for publication in the Indian Supreme Court Cases.
** Sundaresh Menon, Chief Justice of the Supreme Court of Singapore. I am grateful to my colleague, Mr Scott Tan and my law clerk, Ms Eden Li Yiling, who assisted me with the research and preparation of this paper and who discussed many of the ideas with me.
1 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, (10 June 1958) 330 UNTS 38 (“New York Convention”).
2 United Nations Commission on International Trade Law, Model Law of International Commercial Arbitration, 1985, UN Doc A/40/17 (“Model Law”).
266