Abstract：On the relationship between state courts and arbitral tribunals we have to deal with two problems: is the ar-bitrator bound by the decision taken on jurisdiction or on the merits by the state courts or vice versa? If the StateCourt and the seat of the arbitration are in the same country, the answer should certainly affirmative. The prob-lems are more arduous when the arbitration/litigation relationship is transnational. To avoid inconsistent deci-sions, the state court should recognise the award with the New York Convention; the arbitral tribunal has to followthe decisions of the state courts, as they always have the “last word” on the issue. It is of actual importance tostudy the regulations in different legislations and case law accumulated in this area, which would help our under-standing of the relationship between litigation and arbitration.