Staying litigation for arbitration : one angle of the interface between the courts and arbitration

Abstract

One of the initial challenges any country must inevitably face on the coming into force of a new law, such as the Malta Arbitration Act, is to delineate the respective roles and fields of operation of the courts of law and arbitral tribunals. Arbitration is a mode of dispute resolution alternative to the courts, a mode chosen by the parties as an efficient and expeditious way of settling their dispute outside the court structure. However, the courts and this recently re-invigorated alternative need not--indeed, should not--be conflicting. Rather, a supportive and co-operative relationship is to be encouraged so as to best reap the benefits that the arbitral process has to offer.