القانون الواجب التطبيق من قبل هيئة التحكيم على العقود الدولية

الملخص EN

Arbitration is the most important means used by dealers in the field of international contracts to resolve their differences arising from their dealings, as we find most international contracts are not without the condition of arbitration to be followed when a dispute related to the issue of contract implementation occurs as international contracts differ from internal contracts for internal dealings.

In contract to international contracts for international relations that are often tainted with a foreign component.

The laws of those countries differ in dealing with the case that are brought up according to the legal systems of each country, while at the international level we find the rules of arbitration followed in international contracts, they have become the original judiciary to resolve these disputes.

Arbitration is a unique method in the field of dispute settlement, as the arbitration board can agree on the procedures for free arbitration and its duration, as well as defining the rules that can be followed by the arbitration board, meaning that the arbitration system is based on the will of the parties, and the arbitration panels will in certain cases.

International arbitration in international contracts may provoke a conflict between laws, unlike internal arbitration that is subject to the internal laws of each country.

The multiplicity of laws requires defining the applicable law from among these multiple laws, which is in line with the nature of international contracts and the applicable law is the law that the arbitration board reaches as it is more appropriate to apply it to the dispute before it.

The role of the arbitration board in choosing the application law is highlighted specifically in the absence of the parties will for the law application to the dispute subject to arbitration, since international arbitration in international contracts it can only take place if there is a previous agreement between the parties to resolve the existing dispute between them or the future.

In the absence of such an agreement, the role of the arbitral tribunal in sitting the dispute is highlighted here, and then the applicable law is specified.