التحكيم التجاري الدولي و إشكالات تنفيذ أحكامه

الملخص EN

Every international commercial arbitration award is not enforceable, especially if the sentenced party refuses to implement it amicably, then the sentenced party resorts to the proceedings, and seeks compulsory execution whenever the legal conditions established by the civil and administrative procedures law are fulfilled.

in light of it, the implementation is decided in terms of acceptance or rejection.

the civil and administrative procedures law defines the procedures that must be followed, related to the recognition and implementation of the international arbitration award, in addition to the new York convention on the recognition and implementation of foreign arbitration awards,, and the nature of the arbitration award if it is internal or international, and assessing the availability of formal and substantive conditions before issuing an order to implement the international arbitration award, and the powers that the national judge possesses in the field of monitoring the arbitration award, the issue of implementation becomes non-existent, not only if the judiciary refuses to recognize the international arbitration award, indeed, and even in the case of a judgment nullifying the arbitration award, which constitutes an obsession that harms the interests of one of the parties who prefer to settle their disputes outside the judicial framework.