الطعن في حكم التحكيم التجاري في القانونين اليمني و السوداني : دراسة مقارنة

الملخص EN

The study addressed the attack of the commercial arbitration in Yamen and the Sudanese laws.

The statement of the problem :it emerged in the attack of the judgments of arbitration issued by the arbitrators and its mechanism according to normal ways of arbitration as it stated according to the procedures of the civil and commercial laws or by the case of nullity as an abnormal way of reviewing the judgement of arbitration, also the obstacles that hinder the execution of the arbitration judgement that related to the normal judicial procedures which were different from the arbitration procedures , and the misunderstanding of some of the judges for the procedures the characteristics and the nature of the arbitration when reviewing the judgements in the normal way or by the nullity cases .

The importance of the study that the judgement issued in the arbitration disputes was considered one of the most important stage of the arbitration process as a result that was envisaged by the two parties of the arbitration because the decision of the arbitrators would settle the dispute arbitrational or judicially, and provide protection and the needed immunity for the arbitration, and the certainty of the correctness of the estimation of arbitrators.

The study aimed to know the case of the nullity of marine and commercial arbitration was the optimal way for reviewing the judgement of the arbitrators on the contrary of the normal way of appeal of the judgements.

The study adopted the descriptive analytical and comparative methods.

The results of the study: there were many legislations indulge on the time of presenting the case of the nullity of the arbitration judgment.

The Egyptian legislator decided the date of attack of the nullity ninety days but the Yemen legislator determine sixty days as stated in the procedure law, started from the time of receiving the copy of the judgement which lengthen the judicial procedures and interrupt the authentic of the arbitration and delays its execution which opposed the essential advantage of the commercial arbitration which is the fast settlement of the dispute related to commercial translations.

The study recommended Yemen and Sudanese legislators should settle the case of the attack of the judgement issued by the competent court of the nullity of the arbitration or confirming it .

The attack on the judgement should be issued in case of nullity through requesting of reconsideration in front of the same court that issued the judgement according to the cases of the request of reconsideration or reviewing that stated in the procedures law.