ماهية التحكيم الدولي و تمييزه عن غيره من وسائل تسوية المنازعات الدولية

الملخص EN

A reviewer of the linguistic definitions of arbitration finds that they did not differentiate between arbitration and the judiciary, as the judge is an arbitrator and the arbitrator is a judge, unlike the conventional definitions that differentiated them, as arbitration is undertaken by a ruler chosen by the litigants with their consent and not the judge, as is the case in the judiciary.

International arbitration is defined as an optional consensual method based on the free will of the parties to the conflict from among the people of public law, as the parties to the dispute agree on all its aspects, rather than relying on the usual procedures of litigation in a specific legal system of a particular country.

Arbitration is based on three elements, the first of which is the contracting agreement: which is the contracting agreement to resolve the dispute that arises in the contracts through arbitration, which is called the arbitration clause.

Arbitration.

And secondly: the freedom to choose the arbitrator who is granted, according to the arbitration agreement, the power to decide the subject of the dispute by a binding decision.

As for the third element: the existence of an existing or will-to-be conflict between the contracting parties.