The Law Applicable to The Arbitration Dispute

  • Dr. Qais Khaleel Sallam Maaitah Associate Professor of Commercial Law - Private Law Section - Faculty of Law - Applied Sciences University Kingdom of Bahrain

الملخص

The aim of the arbitrators is to adjudicate the dispute away from traditional procedural constraints with its complex formalities and a long time before the courts. One of the basic rules on which the arbitration system was based was the freedom of the parties at all stages of arbitration to choose arbitration as an alternative dispute resolution route, by selecting the law applicable to arbitration proceedings or the law applicable to the subject matter of the dispute and by the execution of the arbitral award.

The role of the arbitral tribunal stems from the agreement of the parties to the arbitration dispute and from the regulations in the arbitration contract or the arbitration document requiring the parties to the arbitration to sign an arbitration document at the commencement of the proceedings, and the proceedings begin since a party to the arbitration dispute has indicated its willingness to settle the dispute by arbitration. In other words, the request for arbitration shall be made until the award is finalized.

المراجع

1. Abdul Majid, Munir. (1997). The legal organization of international and domestic arbitration in the light of jurisprudence and arbitration. Alexandria: Knowledge facility.Abdul Rahman, Huda Mohammed. (1997). The role of the arbitrator in the arbitration dispute and the limits of his authorities. Cairo: Arab Renaissance House.
2. Abu Al-Ala Ali, Abu Al-Ala. (N.D). The law is applicable to procedural matters in the field of arbitration. First Edition. Cairo: Arab Renaissance House.
3. Alhadad, Hafeza Alsayed. (1997). Challenge the invalidity of arbitral awards in international private disputes. Alexandria: University thought House.
4. Alrefeay, Ali Kazim. (N.D). Authorities of the International Commercial arbitrator. Baghdad: Faculty of Law.
5. Haddad, Hamza, (1989). Arab agreements for commercial arbitration. A publication was discussed at the Third Conference of Arab-European Arbitration. Amman.
6. Ibrahim, Ibrahim Ahmed. (1997). Special international arbitration. Second edition. Cairo: Arab Renaissance House.
7. Mabrouk, Ashour (1998). Procedural system of arbitration dispute. Second edition. Mansoura: The new library of evacuation.
8. Radwan, Abu Zeid. (1981). General grounds in international commercial arbitration. Cairo: Arab thought House.
9. Shehata, Mohamed Nour Abd Al-Hadi. (1993). The Convention was established by the judicial authorities of the arbitrators. Cairo: Arab Renaissance House.
منشور
2020-07-05
كيفية الاقتباس
Dr. Qais Khaleel Sallam Maaitah. (2020). The Law Applicable to The Arbitration Dispute. مجلة الفنون والأدب وعلوم الإنسانيات والاجتماع, (54), 419-433. https://doi.org/10.33193/JALHSS.54.2020.148
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